Section 910 IAC 2-7-8 - Hearing proceduresAuthority: IC 22-9.5-4-2
Affected: IC 4-21.5-3; IC 22-9.5
Sec. 8.
(a) The hearing shall commence no later than one hundred twenty (120) days following the issuance of the charge under 910 IAC 2-6-6(g), unless it is impracticable to do so. If the hearing cannot be commenced within this time period, the administrative law judge shall notify in writing all parties, the aggrieved persons on whose behalf the charge was filed, and the director of the reasons for the delay.(b) The hearing will be conducted in Indianapolis unless otherwise ordered by the administrative law judge under 910 IAC 1-8-2.(c) The charge issued under 910 IAC 2-6-6(g) will specify the time, date, and place for the hearing. The administrative law judge may change the time, date, or place of the hearing or may temporarily adjourn or continue a hearing for good cause shown. If such a change is made or the hearing is temporarily adjourned, the administrative law judge shall give the parties at least five (5) days notice of the revised time, date, and place for the hearing, unless otherwise agreed by the parties.(d) The hearing shall be conducted in accordance with IC 4-21.5.(e) If all parties waive their right to appear before the administrative law judge or to present evidence and arguments, it is not necessary for the administrative law judge to conduct an oral hearing. Such waivers shall be made in writing and filed with the administrative law judge. Where waivers are submitted by all parties, the administrative law judge shall make a record of the relevant written evidence submitted by the parties and pleadings submitted by the parties with respect to the issues in the proceeding. These documents shall constitute the evidence in the proceeding, and the decision shall be based upon this evidence. Such hearings shall be deemed to commence on the first day written evidence may be submitted for the record.(f) IC 4-21.5-3 applies to the presentation of evidence in hearings under this rule.(g) The administrative law judge may limit discovery or the introduction of evidence or may issue such protective or other orders necessary to protect privileged communications. If the administrative law judge determines that information in documents containing privileged matters should be made available to a party, the administrative law judge may order a summary or extract of the nonprivileged matter contained in the original.(h) Requirements for exhibits shall be as follows:(1) All exhibits offered into evidence shall be numbered sequentially and marked with a designation identifying the party offering the exhibit.(2) One (1) copy of each exhibit offered into evidence must be furnished to each of the parties and to the administrative law judge. If the administrative law judge does not fix a time for the exchange of exhibits, the parties shall exchange copies of exhibits at the earliest practicable time before the commencement of the hearing. Exhibits submitted as rebuttal evidence are not required to be exchanged before the commencement of the hearing if the submission of such evidence could not reasonably be anticipated at the time.(i) The authenticity of all documents furnished to the parties under section 15 [sic.] of this rule and submitted as proposed exhibits in advance of the hearing shall be admitted unless a party files a written objection to the exhibit before the commencement of the hearing. Upon a clear showing of good cause for failure to file such a written objection, the administrative law judge may permit the party to challenge the authenticity.(j) The parties may stipulate to any pertinent facts by oral agreement at the hearing or by written agreement at any time. Stipulations may be submitted into evidence at any time before the end of the hearing. When received into evidence, the stipulation is binding on the parties.(k) Requirements for a record of hearing shall be as follows:(1) All oral hearings shall be recorded and transcribed by a reporter designated by, and under the direction of, the administrative law judge. The original transcript shall be a part of the record and shall constitute the sole official transcript. All exhibits introduced as evidence shall be marked for identification and incorporated as a part of the record.(2) Corrections to the official transcript will be permitted upon motion of a party. Motions for correction must be submitted within five (5) days of the receipt of the transcript. Corrections of the official transcript shall be permitted only where errors of substance are involved and upon the approval of the administrative law judge.(l) Following the submission of evidence at an oral hearing, the administrative law judge may hear oral arguments at the hearing. The administrative law judge may limit the time permitted for such arguments to avoid unreasonable delay.(m) The administrative law judge may permit the submission of written briefs following the adjournment of the oral hearing. Written briefs shall be simultaneously filed by all parties and shall be due not later than thirty (30) days following the adjournment of the oral hearing.(n) Where there is an oral hearing, the hearing ends on the day of the adjournment of the oral hearing or, where written briefs are permitted, on the date that the written briefs are due.(o) Where the parties have waived an oral hearing, the hearing ends on the date set by the administrative law judge as the final date for the receipt of submissions by the parties.(p) Following the end of the hearing, no additional evidence may be accepted into the record, except with the permission of the administrative law judge. The administrative law judge may receive additional evidence upon a determination of the following: (1) The new and material evidence was not readily available before the end of the hearing.(2) The evidence has been timely submitted and its acceptance will not unduly prejudice the rights of the parties. However, the administrative law judge shall include in the record any motions for attorney's fees, including supporting documentation, and any approved corrections to the transcripts.Civil Rights Commission; 910 IAC 2-7-8; filed Aug 20, 1993, 5:00 p.m.: 17 IR 34; 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-910130454RFAReadopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA