-IR- Database Guide
-IR- Database: Indiana Register

TITLE 312 NATURAL RESOURCES COMMISSION

Proposed Rule
LSA Document #10-162

DIGEST

Amends 312 IAC 3-1-2.5, which identifies provisions of the code of judicial conduct that are applicable to administrative law judges of the Natural Resources Commission under IC 14-10-2-2, to accommodate amendments received from the Indiana Supreme Court through October 15, 2009, as well as to allow administrative law judges to provide mediation services in matters in addition to those under IC 4-21.5-3.5. Effective 30 days after filing with the Publisher.




SECTION 1. 312 IAC 3-1-2.5 IS AMENDED TO READ AS FOLLOWS:

312 IAC 3-1-2.5 Applicable provisions of the code of judicial conduct to administrative law judges

Authority: IC 14-10-2-4


Sec. 2.5. (a) The following definitions apply throughout this section:
(1) "Administrative law judge" means an administrative law judge for the natural resources commission.
(2) "Code of judicial conduct" refers to the code of judicial conduct adopted by the Indiana supreme court, effective January 1, 1999 March 1, 1993 (including amendments passed received through January 1, 2006). October 15, 2009).

(b) This section is intended to assist with the implementation of IC 14-10-2-2(a)(2)(C), which requires administrative law judges to comply with the applicable provisions of the code of judicial conduct.

(c) For purposes of this section, wherever in the code of judicial conduct the term:
(1) "court personnel" or a term of similar application is used, the term applies to an employee of the commission's division of hearings, other than an administrative law judge; and
(2) "judge" is used, the term applies to an administrative law judge.

(d) Unless otherwise specified in subsection (e), the provisions of the code of judicial conduct are applicable to an administrative law judge. These provisions shall be liberally construed to implement the intention of IC 14-10-2-2.

(e) The following provisions of the code of judicial conduct are inapplicable to an administrative law judge:
(1) Canon 3B(11) 2.17 and 3B(13). 2.8(C).
(2) Canon 4C. 3.2 and 3.4.
(3) Canon 3.9 if mediation services are provided in the ordinary course of commission employment or on a pro bono publico basis.
(4) Canon 4G, 3.10, to the extent that the practice of law in a representational capacity on a pro bono publico basis pursuant to the Indiana Rules of Professional Conduct, Rule 6.1 is prohibited. Such practice of law shall, however, be conducted subject to all applicable requirements of the code of judicial conduct.
(4) (5) Canon 4H(2). 3.15(B) and 3.15(C).
(5) (6) Canon 5A(3), 5A(4), 5B(1), 5C, 5D, and 5F. 4.
(Natural Resources Commission; 312 IAC 3-1-2.5; filed Jan 26, 2007, 10:48 a.m.: 20070214-IR-312060107FRA; readopted filed Jul 21, 2008, 12:16 p.m.: 20080813-IR-312080052RFA)



Posted: 09/22/2010 by Legislative Services Agency

DIN: 20100922-IR-312100162PRA
Composed: Oct 01,2014 2:53:38AM EDT
A PDF version of this document.