Sec. 26. (a) A postsecondary proprietary educational institution, after notification that the institution’s authorization has been refused, revoked, or suspended, may apply for a hearing before an administrative law judge of the department concerning the institution’s qualifications. The application for a hearing must be filed in writing with the department not more than thirty (30) days after receipt of notice of the denial, revocation, or suspension.

     (b) The department shall give a hearing promptly and with not less than ten (10) days notice of the date, time, and place. The postsecondary proprietary educational institution is entitled to be represented by counsel and to offer oral and documentary evidence relevant to the issue. The hearing shall be conducted in the manner provided under IC 4-21.5-3.

Terms Used In Indiana Code 22-4.1-21-26

  • application: means a written request for authorization or an agent's permit on forms supplied by the department. See Indiana Code 22-4.1-21-5
  • authorization: means a formal determination by the department that a:

    Indiana Code 22-4.1-21-2

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • postsecondary proprietary educational institution: means a person doing business in Indiana by offering to the public, for a tuition, fee, or charge, instructional or educational services or training in a technical, professional, mechanical, business, or industrial occupation, in the recipient's home, at a designated location, or by mail. See Indiana Code 22-4.1-21-9
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
     (c) Not more than fifteen (15) days after a hearing, the administrative law judge shall make written findings of fact, a written decision, and a written order based solely on the evidence submitted at the hearing, either granting or denying authorization to the postsecondary proprietary educational institution.

     (d) Not more than fifteen (15) days after the issuance of a written order by the administrative law judge under subsection (c), any party adversely affected by the order may file an objection to the order in writing with the commissioner and request that the commissioner review the order. The party must identify the basis of the objection with reasonable particularity. Not later than thirty (30) days after the objection is filed with the commissioner, the commissioner shall issue a final order affirming, modifying, or dissolving the administrative law judge’s order. The commissioner may remand the matter, with or without instructions, to the administrative law judge for further proceedings.

     (e) In the absence of an objection under subsection (d), the commissioner shall affirm the administrative law judge’s order.

     (f) The commissioner is the ultimate authority (as defined by IC 4-21.5-1-15) for the department.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.19; P.L.157-2023, SEC.17.

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