Section 905 IAC 1-36-7 - Conduct of hearingsAuthority: IC 7.1-2-3-7
Affected: IC 4-21.5-2-6; IC 7.1-3-19
Sec. 7.
(a) The transcript or the tape recording of the local board hearing shall be submitted into evidence at the hearing, along with the commission's file which shall include any documents presented at the local board hearing. The commission shall hear additional evidence from the applicant and the remonstrators or intervening remonstrators, if any. The commission shall conduct the appeal hearing as a de novo hearing.(b) The hearing judge shall regulate the course of the proceedings in conformity with any prehearing order and in an informal manner without recourse to the technical, common law rules of evidence applicable to civil actions in the courts.(c) To the extent necessary for full disclosure of all relevant facts and issues, the hearing judge shall afford to the applicant, remonstrator, or intervening remonstrator the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limitation under subsection (d) or by the prehearing order.(d) The hearing judge may, after a prehearing order is issued, impose conditions upon the applicant, remonstrator, or intervening remonstrator necessary to avoid unreasonably burdensome or repetitious presentations, such as the following: (1) Limiting participation to designated issues in which the person has a particular interest.(2) Limiting the use of discovery, cross-examination, and other procedures so as to promote the orderly, prompt, and just conduct of the proceeding.(3) Requiring two (2) or more persons to combine their presentations of evidence and argument, cross-examination, discovery, and other participation in the proceedings.(e) The hearing judge may administer oaths and affirmations and rule on any offer of proof or other motion.(f) The hearing judge shall have the hearing recorded at the commission's expense. The commission is not required, at its expense, to prepare a transcript. Any applicant, remonstrator, or intervening remonstrator, at his own expense, may cause a reporter approved by the commission to prepare a transcript from the agency's record, or cause additional recordings to be made during the hearing if the making of the additional recordings does not cause distraction or disruption. The hearing judge may charge a person who requests that the commission provide a transcript, the reasonable costs of preparing the transcript and may require that the person make a reasonable deposit before the transcript is prepared. Alcohol and Tobacco Commission; 905 IAC 1-36-7; filed Feb 20, 1991, 5:05 p.m.: 14 IR 1448; readopted filed Oct 4, 2001, 3:15 p.m.: 25 IR 941; readopted filed Sep 18, 2007, 3:42 p.m.: 20071010-IR-905070191RFA; readopted filed Oct 29, 2013, 3:39 p.m.: 20131127-IR-905130360RFAReadopted filed 10/29/2019, 11:50 a.m.: 20191127-IR-905190418RFA