Orders of the Indiana Department of Homeland Security, Division of Fire and Building Safety, and the Emergency Medical Services Commission are reviewed pursuant to IC4-21.5, the Administrative orders and Procedures Act. The word "order" is defined very broadly and includes agency actions on sanctions and licensing. Time is of the essence in that all administrative reviews in the above areas must be filed within 15 days (plus 3 days if the notice of the order is served by mail) of service. Emergency Orders issued pursuant ot IC4-21.5-4 have a different time line. Anyone wishing to seek review of an emergency order should contact the attorney for the agency as quickly as possible.

The initiation of an administrative review of an order is fairly simple. The petition for review needs only to be in writing and clearly indicate the order being challenged. In certain EMS Commission matters, the administrative review commences upon a filing of a complaint by the agency. Any person served with such a complaint should contact the attorney for the agency immediately.

The petition for administrative review should be mailed (or hand delivered) to the person listed on the order. If for some reason there is no person listed as the proper person to be served, the petition may be filed with the administrative law judge at the address below. Fax filings are accepted. Certified mail is not required but if the time period for filing is about to expire, a certificate is absolute proof of the date of mailing.

The administrative law judge for matters arising from the agencies listed above currently is William K. Teeguarden. The address, telephone, and fax number are as follows:

Decisions of the administrative law judge not involving emergency orders do not become final agency actions until reviewed by the appropriate Commission which may affirm, modify, or reverse the findings of the administrative law judge. The decision of the commission is the final agency action. Most administrative reviews eventually settle and are disposed of by dismissals or agreed orders. In the event a review is not settled, a hearing is held and a decision is written. While a hearing involves testimony under oath in front of a court reporter and allows cross-examination, it is generally informal and rarely lasts longer than 2-3 hours.

The administrative law judge is the ultimate authority for the agency with respect to emergency orders.

The Fire Prevention and Building Safety Commission and the Emergency Medical Services Commission are two of the few commissions that have authorized the indexing of contested decisions. Pursuant to IC4-21.5, these prior decisions may be used as precedent. The index is called "FADIDHS" and my be accessed by clicking on the link below.