910 Ind. Admin. Code 2-7-4

Current through December 4, 2024

Section 910 IAC 2-7-4 - Pleadings and motions

Authority: IC 22-9.5-4-2

Affected: IC 4-21.5-3-21; IC 22-9.5-6-12

Sec. 4.

(a) Every pleading, motion, brief, of [sic., or] other document shall contain the following:

(1) A caption setting forth the title of the proceeding.

(2) The docket number assigned.

(3) The designation of the type of document, for example, charge or answer to motion of dismissal.

(b) Every pleading, motion, brief, or other document filed by a party shall be signed by the party, the party's representative, or the attorney representing the party and must include the signer's address and telephone number. The signature constitutes a certification that:

(1) the signer has read the document;

(2) to the best of the signer's knowledge, information, and belief, there is good ground to support the document; and

(3) it is not interposed for delay.

(c) The administrative law judge may refuse to consider any motion or other pleading that is not filed in a timely fashion and in compliance with this section.

(d) Within three (3) days after the issuance of a charge under 910 IAC 2-6-6(g), the director shall serve copies (with the additional information required under subsection (e)) on the respondent and the aggrieved person on whose behalf the complaint was filed.

(e) The charge shall consist of a short and plain written statement of the facts upon which the director has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur. The following notifications shall be served with the charge:

(1) The notice shall state that a complainant (including the ICRC, if the ICRC filed the complaint), a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in the charge decided in a civil action under IC 22-9.5-6-12(a), in lieu of an administrative proceeding under this rule. The notice shall state that the election must be made no later than twenty (20) days after the receipt of the service of the charge. Where ICRC is the complainant, the director must make the election no later than twenty (20) days after the service of the charge. The notice shall state that the notification of the election must be served on the docket clerk in the ICRC, the respondent, and the aggrieved party on whose behalf the complaint was filed.

(2) The notice shall state that if no person timely elects under subdivision (1) to have the claims asserted in the charge decided in a civil action under IC 22-9.5-6-12(a), an administrative proceeding shall be conducted. The notice shall state that if an administrative hearing is conducted:

(A) the parties shall have an opportunity for a hearing at a date and place specified in the notice;

(B) the respondent will have an opportunity to file an answer to the charge within thirty (30) days of the date of service of the charge;

(C) the aggrieved person may participate as a party to the administrative proceeding by filing a timely request for intervention; and

(D) all discovery must be concluded fifteen (15) days before the date set for hearing.

(3) The notice shall state that if at any time following the service of the charge on the respondent, the respondent intends to enter into a contract, sale, encumbrance, or lease with any person regarding the property that is the subject of the charge, the respondent must provide a copy of the charge to the person before the respondent and the person enter into the contract, sale, encumbrance, or lease.

(f) Within the thirty (30) days after the service of the charge, a respondent contesting material facts alleged in a charge or contending that the respondent is entitled to judgment as a matter of law shall file an answer to the charge. An answer shall include the following:

(1) A statement that the respondent admits, denies, or does not have and is unable to obtain sufficient information to admit or deny each allegation made in the charge. A statement of lack of information shall have the effect of a denial. Any allegation that is not denied shall be deemed to be admitted.

(2) A statement of each affirmative defense and a statement of facts supporting each affirmative defense.

(g) Upon timely application, any aggrieved person may petition for intervention to participate as a party to the proceeding as provided for in IC 4-21.5-3-21.

(h) Requirements for amendments shall be as follows:

(1) The director may amend its charge once, as a matter of right prior to filing of the answer.

(2) Upon such conditions as are necessary to avoid prejudicing the public interest and the rights of the parties, the administrative law judge may allow amendments to pleadings upon motion of the party.

(3) When issues not raised by the pleadings are reasonably within the scope of the original charge and have been tried by the express or implied consent of the parties, the issues shall be treated in all respects as if they had been raised in the pleadings and amendments may be made as necessary to make the pleading conform to evidence.

(i) The administrative law judge may, upon reasonable notice, permit supplemental pleadings concerning transactions, occurrences, or events that have happened or been discovered since the date of the pleadings and which are relevant to any of the issues involved.

(j) Requirements for motions shall be as follows:

(1) Any application for an order or other request shall be made by a motion which, unless made during an appearance before the administrative law judge, shall be made in writing. A motion or request made during an appearance before the administrative law judge shall be stated orally and made a part of the transcript. All parties shall be given a reasonable opportunity to respond to written or oral motions or requests.

(2) Within five (5) days after a written motion is served, any party to the proceeding may file an answer in support of, or in opposition to, the motion. Unless otherwise ordered by the administrative law judge, no further responsive documents may be filed.

(3) The administrative law judge may order oral argument on any motion.

910 IAC 2-7-4

Civil Rights Commission; 910 IAC 2-7-4; filed Aug 20, 1993, 5:00 p.m.: 17 IR 32; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA

Readopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA