Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-13 - Hearing procedure

Current through July 10, 2024
Authority: 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.
Transferred 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.