CHAPTER 4. SPECIAL PROCEEDINGS; EMERGENCY AND OTHER TEMPORARY ORDERS
IC 4-21.5-4
Chapter 4. Special Proceedings; Emergency and Other Temporary
Orders
IC 4-21.5-4-1
Circumstances warranting special proceedings
Sec. 1. An agency may conduct proceedings under this chapter if:
(1) an emergency exists; or
(2) a statute authorizes the agency to issue a temporary order or
otherwise take immediate agency action.
As added by P.L.18-1986, SEC.1.
IC 4-21.5-4-2
Procedures; orders
Sec. 2. (a) The agency shall issue the order under this chapter by
one (1) of the following procedures:
(1) Except as provided in IC 25-1-9-10, without notice or an
evidentiary proceeding, by any authorized individual or panel
of individuals.
(2) After a hearing conducted by an administrative law judge.
(b) The resulting order must include a brief statement of the facts
and the law that justifies the agency's decision to take the specific
action under this chapter.
As added by P.L.18-1986, SEC.1. Amended by P.L.43-1995, SEC.1.
IC 4-21.5-4-3
Notice; effectiveness of order
Sec. 3. The agency shall give such notice as is practicable to
persons who are required to comply with the order under this
chapter. The order is effective when issued.
As added by P.L.18-1986, SEC.1.
IC 4-21.5-4-4
Hearings
Sec. 4. Upon a request by a party for a hearing on an order
rendered under section 2(a)(1) of this chapter, the agency shall, as
quickly as is practicable, set the matter for an evidentiary hearing. An
administrative law judge shall determine whether the order under this
chapter should be voided, terminated, modified, stayed, or continued.
As added by P.L.18-1986, SEC.1.
IC 4-21.5-4-5
Expiration of order; exception
Sec. 5. (a) Except as provided in subsection (c), an order issued
under this chapter expires on the earliest of the following:
(1) The date set in the order.
(2) The date set by a statute other than this article.
(3) The elapse of ninety (90) days.
(b) During the pendency of any related proceedings under
IC 4-21.5-3, the agency responsible for the proceeding may renew
the order for successive ninety (90) day periods unless a statute other
than this article prohibits the renewal of the order.
(c) An order issued under this chapter and IC 15-17-6 does not
expire.
As added by P.L.18-1986, SEC.1. Amended by P.L.26-1997, SEC.1;
P.L.2-2008, SEC.16.
IC 4-21.5-4-6
Records
Sec. 6. The agency record in a proceeding under this chapter
consists of any documents regarding the matter that were considered
or prepared by the agency in a proceeding under section 2(a)(1) of
this chapter and, if a hearing is conducted under section 2(a)(2) or 4
of this chapter, the items described in IC 4-21.5-3-33.
As added by P.L.18-1986, SEC.1.