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The purpose of administrative review is to provide an inexpensive, fair, and impartial hearing process yielding consistent results for citizens who disagree with certain actions of the Agency. In accordance with this aim, the Administrative Law Judge for the Indiana Department of Homeland Security handles all timely filed petitions for administrative review pursuant the provisions of the Administrative Orders and Procedures Act, codified at Indiana Code 4-21.5.
The Administrative Law Judge conducts prehearing and status conferences, presides over evidentiary hearings, and issues orders containing factual findings and legal conclusions related to the matter being reviewed. Decisions of the Administrative Law Judge not involving emergency orders do not become final Agency actions until reviewed by the appropriate Board or Commission which may affirm, modify, or reverse the findings of the Administrative Law Judge. The Administrative Law Judge is, however, the ultimate authority for the Agency with respect to emergency orders.
The Administrative Law Judge is a full-time state employee with standard medical, insurance, leave, and any other state benefits. Please visit the Indiana State Personnel Department’s homepage for more information. Salary and other public information for the Administrative Law Judge can be found at the Indiana Transparency Portal at http://www.in.gov/itp/2406.htm.
David L. Carter has been the Administrative Law Judge for the Indiana Department of Homeland Security since April 20, 2016. Judge Carter is authorized to preside over cases involving the administrative reviews of agency actions falling under the ultimate authority of the Department of Homeland Security, the Fire Prevention and Building Safety Commission, the Board of Firefighting Personnel Standards and Education, the Emergency Medical Services Commission, and the Indiana Secured Schools Safety Board.
Judge Carter Graduated from Indiana University Kelley School of Business in 1966 with a B.S. in Marketing. He then served on active duty in the United States Air Force for four years, attaining the rank of Captain. In 1973, he graduated from the Robert H. McKinney School of Law in Indianapolis, Indiana.
Judge Carter began his legal career working for the Office of the Indiana Attorney General in the Litigation and Taxation divisions, prior to returning to school and earning an L.L.M. in Taxation from Georgetown University in 1976. Thereafter, he returned to Indiana and the private practice of law, concentrating in franchising, federal income taxation, state income taxation, business and estate planning, estate administration, real estate transactions, state fuel taxation and state exise taxation.
The various commissions in IDHS which are responsible for administrative reviews have authorized the indexing of all contested cases decided since November 1, 1997. The data base may be searched by name, cause number, IC or IAC code section, building or fire code section, or key words and phrases. If you have difficulty viewing cases, please call (317) 232-3835. The format of the database may not be compatible with all computer systems. If any case in the database is to be cited as authority, please cite the name of the case, cause number, & date of decision.
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