reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 140 - BUREAU OF MOTOR VEHICLES › Article 9 - WATERCRAFT › Rule 1 - Definitions › Section 1-23 - "Probation" defined (Transferred)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 9-1-23 ) to the Secretary of State ( 75 IAC 5-1-16 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 140 - BUREAU OF MOTOR VEHICLES › Article 9 - WATERCRAFT › Rule 1 - Definitions › Section 1-24 - "Revocation" defined (Transferred)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 9-1-24 ) to the Secretary of State ( 75 IAC 5-1-17 )
by P.L. 106-2008, SECTION 54, effective July 1,
					 2008.
Indiana Administrative Code › Title 140 - BUREAU OF MOTOR VEHICLES › Article 9 - WATERCRAFT › Rule 1 - Definitions › Section 1-25 - "Special dealer permit" defined (Transferred)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 9-1-25 ) to the Secretary of State ( 75 IAC 5-1-18 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 140 - BUREAU OF MOTOR VEHICLES › Article 9 - WATERCRAFT › Rule 1 - Definitions › Section 1-26 - "Suspension" defined (Transferred)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 9-1-26 ) to the Secretary of State ( 75 IAC 5-1-19 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 140 - BUREAU OF MOTOR VEHICLES › Article 9 - WATERCRAFT › Rule 1 - Definitions › Section 1-27 - "Transfer dealer" defined (Transferred)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 9-1-27 ) to the Secretary of State ( 75 IAC 5-1-20 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 140 - BUREAU OF MOTOR VEHICLES › Article 9 - WATERCRAFT › Rule 1 - Definitions › Section 1-28 - "Watercraft" defined (Transferred)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 9-1-28 ) to the Secretary of State ( 75 IAC 5-1-21 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 140 - BUREAU OF MOTOR VEHICLES › Article 9 - WATERCRAFT › Rule 1 - Definitions › Section 1-29 - "Wholesale dealer" defined (Transferred)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 9-1-29 ) to the Secretary of State ( 75 IAC 5-1-22 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 140 - BUREAU OF MOTOR VEHICLES › Article 9 - WATERCRAFT › Rule 3 - Boat Dealers (Transferred)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
				  9-3-14 ) to the Secretary of State ( 75 IAC 5-2-14 ) by P.L. 106-2008, SECTION
				  54, effective July 1, 2008.
Indiana Administrative Code › Title 140 - BUREAU OF MOTOR VEHICLES › Article 9 - WATERCRAFT › Rule 4 - Registration › Section 4-1 - Motorboat registration

Current through July 10, 2024
Authority: IC
				  9-14-8-3
Affected: IC
				  9-31-3-10
Sec. 1.
The motorboat registration number issued under IC
				  9-18.1-14.5-5
[IC 9-31 was repealed by P.L. 164-2020,
				  SECTION
				  41, effective January 1, 2021.]
shall be divided into the following three (3) parts:
(1) The first part shall consist of the
				letters "IN".
(2) The second part
				shall consist of four (4) numerals.
(3) The third part shall consist of two (2)
				letters, neither of which may be the letters "I", "O", or "Q".
Indiana Administrative Code › Title 140 - BUREAU OF MOTOR VEHICLES › Article 9 - WATERCRAFT › Rule 4 - Registration › Section 4-2.5 - Display of motorboat registration number

Current through July 10, 2024
Authority: IC 9-14-8-3
Affected: IC 9-31-3
Sec. 2.5.
The motorboat registration number shall be displayed in the
				  manner specified in
				  33 CFR
				  173.27 *.
*This document is incorporated by reference. Copies may be
				  obtained from the Government Printing Office, 732 North Capitol Street NW,
				  Washington, D.C. 20401 or are available for review and copying at the Indiana
				  Bureau of Motor Vehicles, Indiana Government Center North, Fourth Floor, 100
				  North Senate Avenue, Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 140 - BUREAU OF MOTOR VEHICLES › Article 9 - WATERCRAFT › Rule 4 - Registration › Section 4-5 - Dealer's and manufacturer's identification number; display (Transferred)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 9-4-5 ) to the Secretary of State ( 75 IAC 5-3-1 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 140 - BUREAU OF MOTOR VEHICLES › Article 9 - WATERCRAFT › Rule 4 - Registration › Section 4-6.5 - Cancellation of registration

Current through July 10, 2024
Authority: IC
				  9-14-8-3
Affected: IC 9-31-3
Sec. 6.5.
(a) The
				bureau may cancel a registration upon receiving notification from a non-Indiana
				state agency that the motorboat is registered with that state agency.
(b) The person in whose name the motorboat is
				registered must surrender a canceled certificate of registration upon demand by
				the bureau, a police officer, or a conservation officer.
(c) The cancellation of a registration does
				not determine ownership of the motorboat.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-1 - Application and scope

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC 4-22; IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1
Sec. 1.
This rule shall govern the practice and procedure in cases
				  and other matters before the commission arising under the acts of the general
				  assembly conferring powers upon the commission, except for rulemakings, which
				  shall be governed by IC 4-22. Technical and readability specifications related
				  to electronic filing shall be noted on the commission's electronic filing
				  system or in a general administrative order.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-2 - Definitions

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-1-2-47
Affected: IC 8-1-1-5; IC 8-1-1.1-2; IC 8-1-1.1-5.1; IC 8-1-2;
				  IC 8-1.5-1-10
Sec. 2.
The following definitions apply throughout this rule:
(1) "Commission" means the Indiana utility
				regulatory commission.
(2) Except
				as noted in section 5.5 of this rule, "complainant" means:
(A) a person or entity that initiates a
				formal complaint against a utility under IC 8-1-2-54; or
(B) a person or entity who formally requests
				the commission to initiate an investigation under Indiana law.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-3 - Filings and communications with the commission, and computation of time

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-1-2-47
Affected: IC 8-1-1-5; IC 8-1-1.1-5.1
Sec. 3.
(a) Except
				as provided in subsections (b), (c), (d), and (e), the filing of a
				communication, paper, or pleading with the commission shall be made through the
				electronic filing system. The filing shall comply with this rule and the
				companion technical and readability specifications as noted in section 1 of
				this rule. The filing will be file stamped by the commission to reflect the
				date the filing was received by the commission. A filing made through the
				electronic filing system is considered filed on the date reflected in the
				notice of receipt associated with the filing. Electronic filing must be
				completed before midnight to be considered filed that day, and compliance with
				filing deadlines is determined in accordance with prevailing local time in
				Indianapolis, Indiana.
(b) Filings
				related to:
(1) informal complaints;
(2) reviews by the director of consumer
				affairs or the director's designee under
				170
				IAC 16-1-5(d); and
(3) reviews by the commission under
				170
				IAC 16-1-6; may be made through the electronic filing
				system. Alternately, those filings may be made by email or mail. The initial
				informal complaint may also be made by telephone or in
				person.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-3.5 - Remittances to the commission

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-1-5; IC 8-1-2-70; IC 8-1-2-85; IC
				  8-1-22.5-7; IC 8-1-26-23
Sec. 3.5.
(a) The
				following may be remitted to the commission:
(1) Civil penalties imposed under IC
				8-1-26-23 or IC 8-1-22.5-7.
(2)
				Municipal expenses under IC 8-1-2-70.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-4 - Confidential or privileged information

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC 5-14-3; IC
				  8-1-1-8;
				  IC
				  8-1-2-29
Sec. 4.
(a) If a
				party desires to file with or submit to the commission a writing, paper,
				report, study, map, photograph, book, card, tape recording, or other material
				that the party believes is confidential in accordance with IC
				8-1-2-29
				and IC 5-14-3, the party shall do the following:
(1) Apply for a finding by the commission, on
				or as soon as practicable before the date (if any) the information is required
				to be filed, that the information is confidential as follows:
(A) In docketed proceedings, an application
				shall be done through a motion in accordance with section 12 of this
				rule.
(B) In an instance where
				confidential treatment is sought by the party and the material is not part of a
				docketed proceeding, an application shall be done through a petition in
				accordance with section 9 of this rule.
(C) This subsection applies if a filing party
				wishes to submit confidential information provided and considered confidential
				by another party (providing party), and the providing party wishes to submit
				its own supporting motion for confidential treatment. In this circumstance, the
				providing party must submit its supporting motion for confidential treatment
				within five (5) business days after the filing party's submission, or
				submission of the redacted filing, whichever occurs first. The providing
				party's motion should indicate whether the other parties to the proceeding
				object to preliminary confidential treatment of the information.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-5 - Informal complaints; review by commission

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-1-2-34.5; IC 8-1-2-47
Affected: IC 8-1-1-5; IC 8-1-1.1-5.1; IC 8-1-2-34.5; IC
				  8-1-2-54
Sec. 5.
(a) An
				individual or entity may informally complain to consumer affairs, as defined by
				170 IAC 16-1-2, with
				respect to a matter within the jurisdiction of the commission.
(b) An informal complaint is without
				prejudice to the right to file a formal petition under IC 8-1-2-54.
(c) An informal disposition rendered by
				consumer affairs may be appealed by a party thereto under IC 8-1-2-34.5 upon
				written request for appeal filed with the commission within twenty (20) days
				after the determination by the director of consumer affairs or the director's
				designee, as provided in
				170
				IAC 16-1-6(a), is rendered in
				writing. Prior to issuing an order on the appeal, the commission shall afford
				the parties notice and an opportunity to be heard. Commission review of a
				decision by the director is generally limited to a review of the consumer
				affairs record as compiled during the review conducted under
				170
				IAC 16-1-5 and to the issues contained
				therein.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-5.5 - Excavation damage cases

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-1-2-47; IC 8-1-26-26
Affected: IC 8-1-1-5; IC 8-1-1.1-5.1; IC 8-1-26-10; IC
				  8-1-26-11; IC 8-1-26-23
Sec. 5.5.
(a) The
				following definitions in this subsection apply throughout this section:
(1) "Advisory committee" means the
				underground plant protection advisory committee established by IC
				8-1-26-23.
(2) "Complainant" means
				the advisory committee or the division.
(3) "Division" means:
(A) Staff in the pipeline safety division of
				the commission or the pipeline safety division's publicly noticed consultant
				who are investigating the particular case that is the subject of the hearing
				under IC 8-1-26-23(g) and IC 8-1-26-23(k).
(B) Staff assigned as testimonial by:
(i) the director of the pipeline safety
				division; or
(ii) the presiding
				officers assigned by the commission in the case.
(4) "Excavator" means the party that caused
				damage to a pipeline facility located in the area of excavation or demolition
				that is the subject of the hearing.
(5) "Operator" means the operator as defined
				by IC 8-1-26-10 that owns or operates the pipeline facility that was damaged by
				the excavator.
(6) "Person" has the
				same meaning as defined in IC 8-1-26-11.
(7) "Public hearing" means the public hearing
				as referenced in IC 8-1-26-23(k).
(8) "Respondent" means the person requesting
				the hearing.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-6 - Office of utility consumer counselor

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1
Sec. 6.
The public, as a class, shall be deemed a party in a
				  proceeding in which the office of utility consumer counselor shall appear on
				  behalf of the public. However, individuals or groups may be granted
				  intervention and be represented by independent counsel.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-7 - Attorneys; representation; withdrawal of appearance

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1
Sec. 7.
(a) An
				appearance shall be filed as a separate document.
(b) A person filing an appearance pro se to
				represent his or her own interest is required to:
(1) sign, or provide a signature equivalent
				in the electronic filing system, and verify pleadings and documents in
				accordance with section 8(d) of this rule; and
(2) comply with rules applicable to
				commission proceedings.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-8 - Pleadings; general requirements

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1;
				  IC
				  35-44.1-2-1
Sec. 8.
(a) An
				attorney eligible to practice before the commission shall sign, or provide a
				signature equivalent in the electronic filing system, pleadings filed with the
				commission or as otherwise required by statute or as follows:
(1) By the person, if an
				individual.
(2) By a partner, if a
				partnership.
(3) By a corporate
				officer or, if officers have not been selected, by an incorporator, if a
				corporation.
(4) By a duly
				authorized official, if a municipal corporation.
(5) By a bona fide general officer, if an
				unincorporated association.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-9 - Petitions

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1
Sec. 9.
(a) In
				addition to the matters required by section 8 of this rule, petitions must
				comply with the requirements of the statute under which they are filed and must
				contain the following:
(1) A caption that
				describes, in general terms, the relief being sought.
(2) A plain and concise statement of the
				facts showing the interest of the petitioners in the matters involved in the
				proceeding.
(3) A plain and concise
				statement of the facts that necessitate or justify relief.
(4) A reference to the statutes under which
				the commission has jurisdiction and the rules of the commission deemed
				applicable.
(5) A statement
				designating the person in Indiana authorized to accept for the petitioner
				service of pleadings in the proceeding, including that person's:
(A) address;
(B) telephone number;
(C) fax number; and
(D) email address.
(6) The name of the respondent, as
				required.
(7) Specific prayers for
				the relief requested, including a reasonable amount of detail about the nature
				of the request.
(8) A proposed
				procedural schedule and a statement indicating whether the parties reasonably
				anticipated to participate in the proceeding are in agreement with the proposed
				procedural schedule for the prefiling of evidence and the evidentiary hearing,
				as follows:
(A) This must be followed for
				cases involving rate adjustment mechanisms, also known as trackers.
(B) For cases not involving rate adjustment
				mechanisms or trackers, an alternative to providing the proposed procedural
				schedule when filing the petition is to indicate that a proposed procedural
				schedule will be filed within thirty (30) days of the filing of the
				petition.
(C) The commission's
				general administrative orders may provide guidance for determining an
				appropriate procedural schedule.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-10 - Complaints and answers

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1;
				  IC
				  8-1-2-54
Sec. 10.
(a) In
				addition to the matters required by sections 8 and 9 of this rule, complaints
				filed pursuant to IC
				8-1-2-54
				must also state the name of each respondent and individual or entity, if any,
				who, under an applicable statute or commission rule, is required to be named in
				the complaint because of the individual's or entity's interest or possible
				interest in the subject matter. The complaint must state the address of each
				respondent, individual, or entity, if known. If the address is unknown, the
				complaint must state that the parties joining in the complaint have been unable
				to ascertain the address upon reasonable inquiry.
(b) Concurrently with the filing of a
				complaint with the commission, the complainant shall serve a copy on each named
				respondent.
(c) Answers to a
				complaint must conform to the following:
(1)
				Answers to complaints must be filed with the commission within twenty (20) days
				after service of the complaint unless a different time is prescribed by:
(A) statute;
(B) the commission; or
(C) the presiding
				officer.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-11 - Petitions to intervene

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1
Sec. 11.
(a) A
				petition to intervene may be filed by a person or entity alleging a substantial
				interest in the subject matter of the proceeding in which the person or entity
				requests leave to intervene.
(b)
				Petitions to intervene shall set out clearly and concisely facts showing the
				following:
(1) The proposed intervenor's
				substantial interest in the subject matter of the proceeding.
(2) The position of the proposed intervenor
				with respect to the matters involved in the proceeding.
(3) Specific prayers for affirmative relief,
				if desired.
(4) A prayer for leave
				to intervene and to be made a party to the proceeding.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-12 - Motions

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1;
				  IC
				  8-1-3-1
Sec. 12.
(a) A
				motion must state the grounds therefor and the relief sought. Parties may file
				motions:
(1) to strike an insufficient claim
				or defense;
(2) to:
(A) add additional parties;
(B) strike out improper parties; or
(C) substitute parties;
(3) to dismiss a proceeding for:
(A) lack of jurisdiction;
(B) insufficiency of the petition;
				or
(C) other sufficient
				cause;
(4) for:
(A) a continuance of a hearing; or
(B) an extension of time for:
(i) filing a pleading; or
(ii) complying with an order; or
(5) for other
				appropriate relief.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-13 - Service

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1
Sec. 13.
(a) First
				class mail must be used when service is required by United States
				mail.
(b) Service by the commission
				is described in this subsection. Unless the commission or a presiding officer
				specifies another method, orders, notices, and other documents originating with
				the commission shall be served by email through the electronic filing system.
				When a party designates multiple persons to receive service, a presiding
				officer may limit service to one (1) or more persons per party.
(c) Petitions instituting proceedings shall
				be served by the petitioner upon the following:
(1) Each named respondent.
(2) The office of utility consumer
				counselor.
(3) An individual or
				entity who is required to be named in the petition under section 10(a) of this
				rule.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-14 - Subpoenas

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1;
				  IC
				  8-1-2-29
Sec. 14.
(a) The
				commission shall, at the request of a party, issue subpoenas for the attendance
				of witnesses and subpoenas duces tecum. Subpoenas shall not be issued for
				commission staff unless the staff is designated as testimonial staff in the
				proceeding. Subpoenas shall be signed by the secretary of the commission or a
				commissioner and shall be issued under the seal of the commission.
(b) Parties shall prepare subpoenas for
				issuance and shall be responsible for service. Service must be shown by the
				return of the sheriff or the affidavit of the party or attorney serving the
				subpoena. The return or affidavit shall be filed promptly with the
				commission.
(c) Upon motion made at
				or before the time specified for compliance in the subpoena, the presiding
				officer or commission may quash or modify the subpoena if it is unreasonable,
				oppressive, or untimely.
(d) In
				addition to the other requirements of this section, subpoenas to secure the
				examination or testimony of a member of commission staff who is designated as
				testimonial staff, in a deposition or at a formally docketed hearing, shall do
				the following:
(1) Specify the purpose for
				which the examination or testimony of the commission staff member will be
				taken.
(2) Specify the approximate
				duration of the examination.
(3)
				Certify that copies of the subpoena, when served, have also been served in the
				same manner as pleadings are served on the office of utility consumer counselor
				and other parties of record.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-15 - Preliminary hearings

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1;
				  IC
				  8-1-2-29
Sec. 15.
(a) To:
(1) make possible the more effective use of
				hearing time in formal proceedings on the merits of a petition or a
				complaint;
(2) otherwise expedite
				the orderly conduct and disposition of those proceedings; and
(3) serve the public interest; the commission
				may require preliminary hearings, which include prehearing, technical, and
				attorney conferences, among parties to the proceeding prior to the commencement
				of an evidentiary hearing on the merits of the petition or complaint.
				Prehearing conferences shall be convened on the record of the proceeding
				following proper publication of notice and notice to the parties.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-16 - Discovery

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1
Sec. 16.
(a) Parties
				shall be entitled to the discovery provisions of Rules 26 through 37 of the
				Indiana Rules of Trial Procedure as from time to time amended by the Indiana
				supreme court or general assembly.
(b) A party may issue a written request for
				discovery to another party. Unless otherwise directed by the presiding officer,
				if the party against whom the discovery is directed does not satisfy the
				request within ten (10) calendar days following receipt thereof or reach an
				agreement with the requesting party as to the nature, scope, and time for the
				requested discovery, the party seeking discovery may make written application
				to the commission for an order compelling discovery, specifically setting forth
				and detailing the:
(1) discovery
				sought;
(2) reasons why it is
				thought to be relevant to the issues; and
(3) reasonable efforts taken to reach
				agreement.
The presiding officers shall thereupon grant, grant in part,
				  or deny the application and shall promptly advise the parties of its
				  determination. Where the application is granted, in whole or in part, the party
				  against whom discovery is sought shall allow discovery as specified by the
				  presiding officers. No continuance of a scheduled hearing shall be granted for
				  inability to complete discovery unless the parties have complied with the
				  foregoing provisions.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-16.5 - Mediation

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-1-2-47
Affected: IC 8-1-1-5; IC 8-1-1.1-5.1
Sec. 16.5.
(a)
				Parties may voluntarily choose mediation in an attempt to resolve some or all
				of the issues on which they disagree.
(b) The commission may propose mediation
				guidelines in a general administrative order.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-17 - Settlements

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1
Sec. 17.
(a) It is
				the policy of the commission to review and accept appropriate settlements.
				Nothing contained in this section shall be construed as precluding parties in a
				proceeding from submitting, prior to the issuance of a final order in the
				proceeding, settlement proposals or from requesting a hearing for that
				purpose.
(b) Settlement agreements
				by some or all of the parties to a proceeding may be filed with the commission
				and received into evidence as part of the record of the proceeding.
(c) The commission may reject, in whole or in
				part, a proposed settlement under this section if the commission determines
				that the settlement is not in the public interest. In the event that the
				commission rejects a proposed settlement, in whole or in part, the commission
				must state on the record or by written order the reasons for the
				rejection.
(d) The settlement must
				be supported by probative evidence.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-18 - Hearing procedure

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1;
				  IC
				  8-1-3-8
Sec. 18.
(a)
				Hearings must be conducted by a commissioner or administrative law
				judge.
(b) The presiding officer
				may make rulings with respect to pleadings and other matters not ruled
				upon.
(c) The presiding officer
				conducting the hearing must enter upon the record appearances, with a notation
				on whose behalf the appearance is made.
(d) In hearings upon complaints or petitions,
				the complainant, petitioner, or other party having the burden of proof must
				open and close the presentation of evidence and arguments. In hearings on
				investigations and in proceedings that have been consolidated for hearing, the
				presiding officer may direct who shall open and close the record. In
				proceedings where the evidence is particularly within the knowledge or control
				of another party, the presiding officer may vary the order of presentation. The
				presiding officer may, at any time during the hearing, limit repetitive or
				redundant:
(1) testimony;
(2) cross-examination;
(3) motions; or
(4) objections.
If the commission initiated the proceeding, the proceeding
				  may be opened by presentation of a report prepared at the direction of the
				  commission under IC
				  8-1-1-5.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-19 - Consolidation

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1
Sec. 19.
(a) Causes
				sharing common issues of fact or law may be consolidated at the discretion of a
				presiding officer.
(b) A
				consolidated cause shall continue to list the cause number of the earliest
				filed case. The presiding officer may keep the underlying captions or create a
				new caption for the consolidated cause.
(c) Where two (2) or more proceedings are
				consolidated for hearing, the presiding officer shall determine the order in
				which the parties introduce evidence.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-19.5 - Sub-Dockets

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-1-2-47
Affected: IC 8-1-1-5; IC 8-1-1.1-5.1
Sec. 19.5.
(a)
				Causes with issues or facts discreet from the main docketed proceeding may be
				broken into one (1) or more sub-dockets at the discretion of a presiding
				officer.
(b) A party to the main
				docket that wants to be a party in the sub-docket shall file an appearance as
				outlined in section 7 of this rule.
(c) A person or entity not a party to the
				main docket that wants to be a party in the sub-docket shall file a petition to
				intervene as outlined in section 11 of this rule.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-20 - Continuance

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1
Sec. 20.
A party may move for continuance of a hearing or filing
				  deadline. Contested motions for continuance of a hearing filed within seven (7)
				  days of the hearing must be verified. If the motion for continuance of a
				  hearing is contested, the moving party must state the positions of the other
				  parties to the case on the issue of continuance.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-21 - Evidence

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1
Sec. 21.
(a) The
				presiding officer has necessary authority to control the receipt and
				admissibility of evidence, including, but not limited to, the following:
(1) Ruling on the:
(A) admissibility of evidence; or
(B) qualifications of witnesses; or
				both.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-21.5 - Administrative notice

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-1-2-47
Affected: IC 8-1-1-5; IC 8-1-1.1-5.1
Sec. 21.5.
(a) The
				commission shall take administrative notice of a fact that must be judicially
				noticed by a court of Indiana.
(b)
				The commission may take administrative notice of a fact on its own or upon a
				party's motion if the parties are:
(1)
				notified of the specific facts and the source of the facts, including memoranda
				or data of the commission staff related thereto;
(2) provided a copy of the document;
				and
(3) afforded an opportunity,
				upon timely request, to be heard as to the propriety of taking administrative
				notice. In the absence of prior notification, the request may be made after
				administrative notice has been taken.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-22 - Posthearing relief

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC 8-1-3
Sec. 22.
(a) After
				the record is closed, but before a final order is issued, a party to the
				proceeding may file with the commission and serve upon the parties of record a
				petition to reopen the proceeding for the purpose of taking additional
				evidence.
(b) A petition to reopen
				the record shall set forth clearly the facts claimed to constitute grounds
				requiring reopening of the proceeding, including the following:
(1) Material changes of fact or law alleged
				to have occurred since the conclusion of the hearing.
(2) The reason or reasons the changes of fact
				or law could not have been reasonably foreseen by the moving party prior to the
				closing of the record.
(3) A
				statement of how the changes of fact or law purportedly would affect the
				outcome of the proceeding if received into evidence.
(4) A showing that the evidence shall not be
				merely cumulative.
A petition to reopen the record shall be verified or
				  supported by affidavit.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-23 - Briefs and oral arguments; posthearing briefs and proposed orders

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1
Sec. 23.
(a) Briefs
				and proposed orders are to be filed and oral arguments heard only at the
				request of the presiding officer at the times fixed therefor.
(b) Briefs and proposed orders shall be filed
				with the commission, with an editable version emailed to the administrative law
				judge assigned to the proceeding, and a copy served by the submitting party
				upon the other parties to the proceeding, the service and proof thereof to be
				in accordance with section 13 of this rule.
(c) Posthearing briefs and proposed orders
				are not evidence and therefore are not part of the evidentiary record on which
				the commission may rely for support of its factual findings.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-24 - Dismissal of cases

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1
Sec. 24.
(a) The
				commission may, in its discretion, dismiss a proceeding that has been pending
				upon the commission docket:
(1) that is not
				currently set for hearing; and
(2)
				upon which action has not been taken by a party for a period of sixty (60)
				days.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-25 - Appeal to the commission of rulings of presiding officer

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1;
				  IC 8-1-3
Sec. 25.
(a) A
				ruling of a presiding officer may be appealed to the commission. The
				determination of the commission, when made, shall be noted in the record and,
				if made after the hearing is closed, the commission shall advise the parties of
				record of the determination.
(b)
				Appeals of a presiding officer's oral ruling during a proceeding of record may
				be made orally, and must be made immediately following the ruling that is
				appealed. Unless granted additional time by a presiding officer, appeals of
				docket entry rulings must be made in writing and served on the parties within
				six (6) business days following the date of the docket entry.
(c) Written appeals to the commission shall
				be served by the appealing party on the other parties on the same day the
				appeal is filed with the commission. Any other party wanting to be heard with
				respect to an appeal to the commission shall file a brief setting forth its
				position by the fifth day following service of the appeal. The appealing party
				may file a reply to a response within five (5) days after service of the
				response. The provisions of section 12 of this rule relating to motions
				generally do not apply to the extent they are in conflict with this
				section.
(d) Further proceedings in
				the cause shall be governed according to the commission's determination of the
				appeal.
(e) An appeal to the
				commission does not stay proceedings unless the presiding officer or the
				commission, on its own motion, orders a stay to protect the substantive rights
				of any of the parties.
(f) Absent a
				ruling of the presiding officer being overruled by the commission under this
				section, rulings of the presiding officer are considered rulings of the
				commission upon the issuance of a final order in a cause.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.1 - Practice and Procedure Before the Commission › Section 1.1-26 - Application of other rules

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-5;
				  IC
				  8-1-1.1-5.1
Sec. 26.
(a) The
				commission may be guided generally by relevant provisions of the Indiana Rules
				of Trial Procedure and the Indiana Rules of Evidence to the extent they are
				consistent with this rule.
(b) This
				rule shall be subject to special rules, regulations, or orders of the
				commission in effect, from time to time, under or pursuant to the provisions of
				laws of the United States of America or regulations or requirements of a
				federal agency or commission thereunder.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.2 - Motor Carrier Practice and Procedure Before the Commission (Transferred)

Current through July 10, 2024
Transferred from the Indiana Utility Regulatory Commission (
				  170 IAC 1-1.2 ) to the Department of State Revenue ( 45 IAC 16-1.5 ) by P.L.
				  72-1988, SECTION 12, effective July 1, 1988.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.5 - Ex Parte Contacts › Section 1.5-1 - Definitions

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2; IC 8-1-32.5; IC 8-1-34
Sec. 1.
(a) The
				definitions in this section apply throughout this rule.
(b) "Commission" refers to the Indiana
				utility regulatory commission.
(c)
				"File a report" means written testimony filed by or oral testimony presented
				by, or both, a technical employee in a pending proceeding.
(d) "Formal public hearing" means a hearing
				contemplated by IC 8-1-2-61.5.
(e)
				"Proceeding" means a formally docketed proceeding before the commission. The
				term does not include nondocketed matters, including, but not limited to, the
				following:
(1) A rulemaking.
(2) A thirty (30) day filing under IC
				8-1-2-42(a).
(3) A filing under IC
				8-1-2-61.5(a), even if a public field hearing occurs.
(4) A document related to integrated resource
				planning submitted pursuant to
				170
				IAC 4-7.
(5) An informal investigation including, but
				not limited to, investigations permitted by the following until a time the
				matter may become a proceeding:
(A)
				Information and answers submitted under IC 8-1-2 -52.
(B) Examination of records under IC
				8-1-2-53.
(C) Complaints against a
				public utility under IC 8-1-2-54.
(D) Investigations of public utilities under
				IC 8-1-2-58.
(6) An
				investigation and disposition by the consumer affairs division of the
				commission under IC 8-1-2-34.5.
(7)
				An application or notice of change form filed under IC 8-1-32.5.
(8) An application or notice of change form
				filed under IC 8-1-34.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.5 - Ex Parte Contacts › Section 1.5-2 - Pending proceeding

Current through July 10, 2024
Authority: IC
				  8-1-1-3
Affected: IC 8-1
Sec. 2.
For purposes of this rule, a proceeding is considered
				  pending from thirty (30) days before the date of filing until the date the
				  commission issues a final order in the proceeding and until:
(1) petitions for rehearing or
				reconsideration and appeals to a court of appellate jurisdiction have been
				determined or decided;
(2)
				opportunity for a further appeal has been exhausted; and
(3) no further action is required by the
				commission.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.5 - Ex Parte Contacts › Section 1.5-3 - Violations

Current through July 10, 2024
Authority: IC
				  8-1-1-3
Affected: IC 8-1
Sec. 3.
(a) Unless
				required for the disposition of ex parte matters specifically authorized by
				statute, rule, or order of the commission, members of the commission, an
				attorney assigned to a particular proceeding as an administrative law judge,
				and a technical employee assigned to advise the commission in a particular
				proceeding may not communicate, directly or indirectly, regarding an issue in a
				proceeding while the proceeding is pending with:
(1) a party;
(2) a party's employee, attorney, or
				representative;
(3) an entity known
				to act on behalf of a party;
(4) a
				person who has:
(A) a direct interest in the
				outcome of the proceeding; or
(B)
				served as an investigator or advocate in the proceeding or in its
				preadjudicative stage;
(5) an attorney assigned counsel to a member
				of commission staff designated as testimonial staff in a particular proceeding;
				or
(6) a technical employee
				directed to file a report in the proceeding; without notice and opportunity for
				all parties to participate in the communication.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.5 - Ex Parte Contacts › Section 1.5-4 - Communication within the commission

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1
Sec. 4.
(a) Except
				as provided in subsection (b), members of the commission, its attorneys, and
				technical employees may communicate with one another regarding a particular
				proceeding pending before the commission.
(b) An attorney assigned as counsel to a
				member of commission staff who is designated as testimonial staff, a technical
				employee directed to file a report in a particular proceeding, or a member of
				commission staff who is designated as testimonial staff may not communicate
				regarding the particular proceeding with members of the commission, attorneys
				not assigned as counsel to a member of commission staff who is designated as
				testimonial staff, or technical employees not assigned to file a report in that
				particular proceeding, or designated as testimonial staff. Members of the
				consumer affairs division as defined by
				170 IAC 16-1-2 are
				not testimonial or technical staff.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1.5 - Ex Parte Contacts › Section 1.5-6 - Disclosure

Current through July 10, 2024
Authority: IC
				  8-1-1-3
Affected: IC 8-1
Sec. 6.
(a) A member
				of the commission, an attorney, or a technical employee who receives a
				communication, which that person reasonably believes violates this rule shall:
(1) tender to the record of the proceeding:
(A) written communications
				received;
(B) written responses to
				the communication; and
(C) a
				memorandum stating:
(i) the substance of oral
				communications received;
(ii) oral
				responses made; and
(iii) the
				identity of a person from whom an ex parte communication was received;
				and
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 2 - Construction and Filing of Schedules of Rates, Tolls and Charges by Public Utilities › Section 2-1 - Separate schedules for each location and service

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-2-38
Sec. 1.
Separate Schedules. Public utilities operating at more than
				  one location must file separate schedules for each location. Public utilities
				  operating more than one service must file separate schedules for each service
				  and each location, with the following IURC designations:
Electric light and power
								service........
IURC No. E .........
Gas service .................
I
URC No. G ........
Steam service ...............
I
URC No. S .........
Telephone and telegraph service.....
IURC No. T .........
Water service ................
I
URC No. W ........
Public utilities filing only one class of schedule should not
				  use the above prefixes.