Section 560 IAC 2-2.1-18 - Challenging the conduct of or interference with an electionAuthority: IC 20-29-3-11; IC 20-29-5-3
Affected: IC 20-29-5; IC 20-29-7
Sec. 18.
(a) A party may file a challenge to the conduct of or interference with an election within five (5) days of whichever of the following first occurs: (1) The discovery of the conduct or interference.(2) The initial tally of the ballots. Such challenge shall be electronically filed with the board in accordance with 560 IAC 2-6-1.1 and electronically served on all parties.
(b) The following procedures apply when a party files a challenge: (1) A petition to challenge shall: (B) state the nature of the challenge with some particularity and the facts in support;(C) be signed by the party;(D) be electronically filed with the board in accordance with 560 IAC 2-6-1.1; and(E) be electronically served on all parties.(2) All additional documents, evidence, and briefs in support of the challenge shall be filed at the same time as the petition to challenge the conduct of the election and concurrently served on all parties.(3) Any response to the challenge shall be electronically filed with the board no later than five (5) days from receipt of the challenge and concurrently served on all parties.(4) Unless the hearing officer's conduct is the basis of the challenge, the hearing officer shall conduct an investigation, which may include a hearing on the challenge, and issue a recommended determination regarding the challenge within fifteen (15) days of the date the response is due. The recommended determination may either: (A) set aside the election and direct a new election; or(B) dismiss the challenge and certify the election.(5) In the event the hearing officer's conduct is the basis of the challenge, the hearing officer shall not participate in the investigation, and the executive director will appoint another hearing officer.(6) The new hearing officer shall conduct an investigation, which may include a hearing on the challenge, and issue a recommended determination regarding the challenge, either setting aside the election and directing a new election or dismissing the challenge and certifying the election.(7) The recommended determination may be appealed to the board within five (5) days of service. The appeal must be in writing, state the specific nature of each ground for the appeal, be filed with the board, and be served on all parties. A brief in support shall be filed within ten (10) days of the date the appeal was filed with the board and be served on all parties. Any party in opposition to the appeal may file an answering brief within fifteen (15) days of receipt of the brief in support. No additional briefs may be filed unless requested by the board. The board shall decide the matter upon the record, with or without oral argument, at the board's discretion.Indiana Education Employment Relations Board; 560 IAC 2-2.1-18; filed 5/24/2018, 11:06 a.m.: 20180620-IR-560170443FRAReadopted filed 8/16/2022, 2:41 p.m.: 20220914-IR-560220222RFA