Indiana Administrative Code
Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT
Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION
Rule 10 - Appellate Procedure
Section 10-5 - Conduct in hearings before administrative law judges
Current through March 20, 2024
Authority: IC 22-4-18-1; IC 22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 5.
(a) All hearings shall be conducted informally in order to determine the substantial rights of the parties. The parties may present evidence as the administrative law judge deems necessary for determining the substantial rights of the parties. The parties to the appeal may appear for themselves, by attorney, or by duly authorized agent or representative, under section 18 of this rule, and shall have the right to examine their own witnesses, present evidence, and cross-examine witnesses of the opposing party. An administrative law judge:
In general, the Indiana Rules of Trial Procedure and the Indiana Rules of Evidence shall govern proceedings before an administrative law judge or the review board.
(b) In general, hearsay evidence shall not be considered; however, an administrative law judge shall consider all hearsay evidence as would be admissible under common law or the Indiana Rules of Evidence. Hearsay evidence that is not admissible under a recognized hearsay exception may be admitted, but shall not be entitled to the same evidentiary weight as direct testimony. Hearsay evidence properly objected to, but not falling within a recognized hearsay exception, that is admitted into the record shall not form the sole basis for a decision by an administrative law judge or the review board.