910 Ind. Admin. Code 2-7-7

Current through December 4, 2024

Section 910 IAC 2-7-7 - Prehearing procedures

Authority: IC 22-9.5-4-2

Affected: IC 4-21.5-3-19; IC 22-9.5

Sec. 7.

(a) Before the commencement of the hearing, the administrative law judge may direct parties to file prehearing statements.

(b) The prehearing statement must state the name of the party or parties presenting the statement and, unless otherwise directed by the administrative law judge, briefly set forth the following:

(1) Issues involved in the proceeding.

(2) Facts stipulated by the parties and a statement that the parties have made a good faith effort to stipulate to the greatest extent possible.

(3) Facts in dispute.

(4) Witnesses, together with a summary of the testimony expected, and exhibits to be presented at the hearing.

(5) A brief statement of applicable law.

(6) Conclusions to be drawn.

(7) Estimated time required for presentation of the party's case.

(8) Such other information as may assist in the disposition of the proceeding.

(c) Before the commencement or during the course of the hearing, the administrative law judge may direct the parties to participate in a conference to expedite the hearing, in accordance with IC 4-21.5-3-19.

(d) The administrative law judge, upon the motion of a party or upon his or her own motion, may request that another administrative law judge conduct settlement negotiations. The order appointing the settlement judge may confine the scope of settlement negotiations to specified issues. The order shall direct the settlement judge to report to the presiding administrative law judge within specified time periods.

(e) The settlement judge shall do the following:

(1) Convene and preside over conferences and settlement negotiations between the parties and assess the practicalities of a potential settlement.

(2) Make a report describing:

(A) the status of the settlement negotiations; and

(B) settlement prospects; and recommend the termination or continuation of the settlement negotiations.

(f) Settlement negotiations shall terminate upon the order of the administrative law judge acting as the settlement judge. The conduct of settlement negotiations shall not unduly delay the commencement of the hearing.

910 IAC 2-7-7

Civil Rights Commission; 910 IAC 2-7-7; filed Aug 20, 1993, 5:00 p.m.: 17 IR 33; 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