Indiana § 22-4-17-7 - Disputed claims; hearings; subpoenas; depositions

§ 22-4-17-7. Disputed claims; hearings; subpoenas; depositions

Sec. 7. (a) In the discharge of the duties imposed by this article, the department, the review board, an administrative law judge, or any duly authorized representative of any of them, shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue and serve subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with the disputed claim or the administration of this article.

(b) Whenever the attendance of a witness, or the production of documents or other evidence, is desired by any party to a hearing, the party must request the issuance of a subpoena. The request must be submitted to the administrative law judge in writing or by telephone directed to the clerk of the administrative law judge. If the request is made by telephone, the clerk will:

(1) take the information from the requesting party; and

(2) submit the request to the administrative law judge for consideration.

The request must be made in time for the subpoena to be issued, and served, prior to the time and date of the hearing. The request will be granted or denied at the discretion of the administrative law judge.

(c) A subpoena shall be issued only upon a showing of necessity by the party requesting the subpoena. The request for a subpoena must contain:

(1) the name and address of the individual being subpoenaed; and

(2) a description of the document, record, or object to be produced.

(d) A subpoena, or a denial of a request for a subpoena, shall be served on all interested parties by the clerk of the administrative law judge. Subpoenas shall be enforced in the manner set forth in section 8 of this chapter.

(e) In all hearings, proof may be made by oral testimony, by documentary exhibits, or by depositions when the convenience of the witnesses or the parties so requires. Depositions shall be taken in the manner set forth in the Indiana Rules of Trial Procedure.

Formerly: Acts 1947, c.208, s.1807. As amended by P.L.144-1986, SEC.106; P.L.135-1990, SEC.11; P.L.108-2006, SEC.32; P.L.171-2016, SEC.15; P.L.121-2026, SEC.48.