Section 45 IAC 16-1.5-13 - Hearing procedureAuthority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 13.
(a) Hearings will be conducted by the commission, a commissioner, or administrative law judge. (b) The presiding officer before whom the hearing is held shall cause to be entered upon the record all appearances, with a notation in whose behalf each appearance is made. (c) In hearings upon applications, formal complaints, or petitions, the applicant, complainant, petitioner, or other party having the burden of proof, as the case may be, shall open and close, unless otherwise directed by the presiding officer. In hearings on investigations and in proceedings which have been consolidated for hearing, the presiding officer may direct who shall open and close. However, in proceedings where the evidence is peculiarly within the knowledge or control of another participant, the order of presentation may be varied by the presiding officer. (d) When objections to the admission or exclusion of evidence before the commission or the presiding officer are made, the grounds relied upon shall be stated briefly. (e) The presiding officer may, during the hearing, permit a party to furnish designated exhibits after the close of the hearing with copies to all parties of record. Any such exhibit shall be specifically described and assigned an identifying exhibit number at the time of hearing and may be admitted into the record of the proceeding with physical production at a later time, provided no party objects or if objected to, the presiding officer shall direct the mode of admissibility, including granting the objecting party reasonable opportunity to question the preparer of the exhibit regarding its contents. Provided, however, that this section in no way makes evidence admissible, which would otherwise be inadmissible. (f) The prepared testimony of a witness for any party need not be in question and answer form but must be coherently outlined in relatively short paragraphs to facilitate objections. It shall have attached any related exhibits. Unless otherwise provided by the presiding officer, an original and one (1) copy of such prepared testimony and exhibits must be received by the commission and served on all parties to the proceeding at least five (5) days prior to the date of the hearing. (g) Unless otherwise directed by the commission, pre-filed testimony, when properly authenticated by the witness under oath or affirmation, may be transcribed into the record or marked as an exhibit. Such written testimony shall be subject to the same rules of admissibility and cross-examination of the sponsoring witness as if the testimony were being presented orally. (h) Any party to a proceeding may move for an extension of time in which to pre-file testimony. However, at the discretion of the presiding officer, the hearing may be rescheduled to a later date, and the extension of time in which to pre-file such testimony fixed, to avoid undue delay and provide opportunity for all parties to properly prepare their cases. If the protestants late file their prefiled testimony without just cause, the protests shall be stricken and they shall remain in the proceeding as interested parties. (i) Due legal notice of the initial public hearing in any proceeding having been given and published as required by law, notice of further hearing or other matters in such proceeding need not be published. The commission may, but shall not be required to, mail written notice of such further hearings or proceedings to the attorney of record for each party. (j) After being duly notified, any party who fails to be represented at a scheduled conference or hearing in any proceeding shall be deemed to have waived the opportunity to participate in such conference or hearing, and shall not be permitted thereafter to reopen the disposition of any matter accomplished at such conference or hearing, or to recall for further examination any witnesses who were excused unless the presiding officer determines that the failure to be represented was unavoidable and that the interests of the other participants and of the public would not be prejudiced by permitting such reopening of further examination. (k) With the approval of the commission, corrections or changes in the stenographic record may be made upon the written agreement of all parties of record filed with the commission within ten (10) days after the stenographic record has been completely transcribed. (l) Parties may obtain copies of the stenographic record from the official reporter upon payment of the appropriate charges fixed by the commission. Department of State Revenue; 45 IAC 16-1.5-13; filed Oct 21, 1986, 10:37 am: 10 IR 388Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 1-1.2-13) to the Department of State Revenue ( 45 IAC 16-1.5-13) by P.L. 72-1988, SECTION 12, effective July 1, 1988.