Next Steps Following a Decision by an OALP Administrative Law Judge
Depending on the case type and the date when the case was initiated, the order you receive may be a final order or non-final order. The administrative law judges will let you know what kind of order they will issue. You should carefully read the order you receive because it will let you know what you can do if you want to challenge that decision.
If you receive a Non-Final/Recommended Order from an OALP administrative law judge, you may be entitled to object to the Recommended Order by filing your objections with the Ultimate Authority for the state agency whose decision you are contesting. You must follow the instructions listed in the Non-Final/Recommended Order that you received to do so.
Following an OALP Administrative Law Judge’s issuance of a Non-Final/Recommended Order, the Ultimate Authority may review the Non-Final/Recommended Order and will typically issue a Final Order either affirming, modifying, or dissolving the Non-Final/Recommended Order. The Ultimate Authority may also remand the matter back to the ALJ for additional proceedings. If a party to a proceeding wishes to file an objection to the ALJ’s Non-Final/Recommended Order for the Ultimate Authority’s consideration, it may do so in accordance with the instructions provided by the ALJ in the Non-Final/Recommended Order and Indiana Code § 4-21.5-3-29, if applicable. Indiana Code § 4-21.5-2-4 through -6 describes exemptions to this process.
If you receive a Final Order from an OALP administrative law judge, you may file a motion to correct error. You must identify the error you are asserting was made and file the motion within 30 days from when the Order was served. You may also ask another court to review the final order. This is called judicial review. If you wish to seek judicial review you must file a petition for review in an appropriate court within 30 days from when the order was served. You must serve OALP with a copy of the petition for judicial review. You can find information about how to seek judicial review in Indiana Code § 4-21.5-5.