71 Ind. Admin. Code 10-3-5

Current through December 4, 2024

Section 71 IAC 10-3-5 - Notice

Authority: IC 4-31-3-9

Affected: IC 4-31-13

Sec. 5.

(a) Not less than five (5) days before the date set for a hearing, the commission shall serve written notice on each party of record to the proceeding.

(b) A notice of the hearing must include:

(1) the names and mailing addresses of all parties and other persons to whom notice is being given by the commission;

(2) the name, official title, and mailing address of any counsel or employee who has been designated to appear for the commission and a telephone number through which the counsel or employee can be reached;

(3) the official file or other reference number and the name of the proceeding;

(4) a statement of time, place, and nature of the hearing;

(5) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(6) a reference to the particular sections of the Act and rules of the commission involved;

(7) the name, official title, and mailing address of the administrative law judge and a telephone number through which information concerning hearing schedules and procedures may be obtained;

(8) a short, plain statement of the matters asserted;

(9) a statement that a party who fails to attend or participate in a hearing or other later stage of the proceeding may be held in default or have a proceeding dismissed; and

(10) any other statement required by law.

(c) If the commission determines that a material error has been made in a notice of hearing, or that a material change has been made in the nature of a proceeding after notice has been issued, the commission shall issue a revised notice. The party who has caused the change or error requiring revised notice shall bear the expense of giving revised notice.

(d) A party to a proceeding may move to postpone the proceeding. The motion must be in writing, set forth the specific grounds on which it is sought, and be filed with the commission before the date set for hearing. If the person presiding over the proceeding grants the motion for postponement, the commission shall cause new notice to be issued.

(e) After a hearing has begun, the administrative law judge may grant a continuance on oral or written motion, without issuing new notice, by announcing the date, time, and place for reconvening the hearing before recessing the hearing.

71 IAC 10-3-5

Indiana Horse Racing Commission; 71 IAC 10-3-5; emergency rule filed Feb 10, 1994, 9:20 a.m.: 17 IR 1203; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA

Readopted filed 11/10/2014, 2:07 p.m.: 20141210-IR-071140230FRA

Readopted filed 10/7/2020, 2:27 p.m.: 20201104-IR-071200406RFA

Readopted filed 9/18/2024, 12:40 p.m.: 20241016-IR-071230796RFA