SB 23-3_ Filed 02/22/2010, 10:43 Cheatham


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 23 be amended to read as follows:

SOURCE: Page 51, line 32; (10)MO002321.51. -->     Page 51, delete line 32, begin a new paragraph and insert:
SOURCE: IC 22-4-17-6; (10)MO002321.22. -->     "SECTION 22. IC 22-4-17-6, AS AMENDED BY P.L.175-2009, SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The manner in which disputed claims shall be presented and the conduct of hearings and appeals, including the conduct of administrative law judges, review board members, and other individuals who adjudicate claims during a hearing or other adjudicative process, shall be in accordance with rules adopted by the department for determining the rights of the parties, whether or not the rules conform to common law or statutory rules of evidence and other technical rules of procedure.
    (b) A full and complete record shall be kept of all proceedings in connection with a disputed claim. The testimony at any hearing upon a disputed claim need not be transcribed unless the disputed claim is further appealed.
    (c) Each party to a hearing before an administrative law judge held under section 3 of this chapter shall be mailed a notice of the hearing by certified mail at least ten (10) days before the date of the hearing specifying the date, place, and time of the hearing, identifying the issues to be decided, and providing complete information about the rules of evidence and standards of proof that the administrative law judge will use to determine the validity of the claim.
    (d) If a hearing so scheduled has not commenced within at least sixty (60) minutes of the time for which it was scheduled, then a party

involved in the hearing may request a continuance of the hearing. Upon submission of a request for continuance of a hearing under circumstances provided in this section, the continuance shall be granted unless the party requesting the continuance was responsible for the delay in the commencement of the hearing as originally scheduled. In the latter instance, the continuance shall be discretionary with the administrative law judge. Testimony or other evidence introduced by a party at a hearing before an administrative law judge or the review board that another party to the hearing:
        (1) is not prepared to meet; and
        (2) by ordinary prudence could not be expected to have anticipated;
shall be good cause for continuance of the hearing and upon motion such continuance shall be granted.
     (f) A claim made by a party by motion to the department that a decision of an administrative law judge has been made without proper notice of the hearing required under subsection (c) stays the determination of the adjudicating administrative law judge until the issue of providing proper notice is decided by a separate administrative law judge. The department has the burden of proof that the requirements of subsection (c) have been satisfied.".

SOURCE: Page 52, line 33; (10)MO002321.52. -->     Page 52, delete lines 33 through 37.
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 23 as printed February 19, 2010.)

________________________________________

Representative Cheatham


MO002321/DI 96     2010