reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 1.5 - Definitions › Section 1.5-10 - "Indiana Civil Rights Law" defined

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC 22-9
Sec. 10.
"Indiana Civil Rights Law" means IC  22-9-1, IC  22-9-5, IC  22-9-6, and IC  22-9-8 as amended from time to time.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 1.5 - Definitions › Section 1.5-11 - "Order by default" defined

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-3; IC  22-9-1-4
Sec. 11.
"Order by default" means an order issued by the commission, after proper notice, against a respondent that has failed to answer a complaint within the time provided by the Indiana Civil Rights Law or this article, against a party that has failed to appear at a public hearing, or against a party that has otherwise failed to comply with the Indiana Civil Rights Law or this article. An order by default shall have the same scope and effect as a final order issued by the commission subsequent to a public hearing.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 1.5 - Definitions › Section 1.5-12 - "Party" defined

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-3; IC  22-9-1-4
Sec. 12.
"Party" means a complainant, a respondent, an intervenor, or, where appropriate, the director or deputy director of the commission, acting in his or her official capacity.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 1.5 - Definitions › Section 1.5-13 - "Presiding officer" defined

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-3; IC  22-9-1-4
Sec. 13.
"Presiding officer" means the administrative law judge, or, if more than one (1) administrative law judge has been appointed for a given complaint, it means that administrative law judge selected by the chair or the vice chair to preside over a public hearing and shall rule on all prehearing motions and petitions. In those instances where a presiding officer has not been appointed, the chair or the vice chair shall perform all the duties of the presiding officer until such time as a presiding officer is duly appointed.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 1.5 - Definitions › Section 1.5-14 - "Probable cause" defined

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-3; IC  22-9-1-4
Sec. 14.
"Probable cause" means such an apparent state of facts established by personal knowledge or by information from others reasonably accepted as true, as would lead a person of normal intelligence and prudence to believe that an unlawful discriminatory practice has occurred.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 1.5 - Definitions › Section 1.5-15 - "Respondent" defined

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-3; IC  22-9-1-4
Sec. 15.
"Respondent" means any person against whom a complaint has been filed.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 1.5 - Definitions › Section 1.5-16 - "Vice chair" defined

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-3; IC  22-9-1-4
Sec. 16.
"Vice chair" means the person elected vice chair of the commission in accordance with the provisions of the Indiana Civil Rights Law.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 2 - General Information › Section 2-3 - Complaints; amendment

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-11
Sec. 3.
(a) Any person claiming to be aggrieved by a discriminatory practice or act contrary to the provisions of the Indiana Civil Rights Law may make, sign, and file a complaint with the commission.
(b) The director or deputy director, in his or her official capacity, may initiate a complaint when he or she has reason to believe that an act of discrimination has been committed against a person or a class of people in order to vindicate the policy of the state as defined in the Indiana Civil Rights Law.
(c) Where a complaint is filed in accordance with this article, and the director or deputy director, in the course of the investigation, determines that relief for more than the individual complainant is appropriate, he or she, in his or her official capacity, may file a separate complaint with respect to the acts of discrimination against such other individuals. Such separate complaint may be consolidated with the original or amended complaint for purposes of all subsequent proceedings or may be docketed separately at the discretion of the director or deputy director.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 2 - General Information › Section 2-4 - Complaints filed with other agencies; federal and local findings

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1
Sec. 4.
(a) A complaint deferred to the commission by the United States Equal Employment Opportunity Commission (EEOC) or by the United States Department of Housing and Urban Development (HUD) pursuant to federal civil rights laws shall be deemed filed with the commission as of the date it was received by EEOC or HUD, provided the complaint conforms to the requirements of the Indiana Civil Rights Law.
(b) A complaint filed with a local commission, office, or agency created by the authority of the Indiana Civil Rights Law, shall be deemed a complaint filed with the commission as of the date it was received by the local commission, office, or agency, provided the complaint conforms to the requirements of the Indiana Civil Rights Law.
(c) The director or deputy director may issue a finding adopting the result reached by EEOC or HUD concerning a complaint that has been filed with one (1) of those federal agencies and with the commission, provided that there is no substantial difference between state and federal law as such laws pertain to the facts at issue in the complaint. A finding of no probable cause issued by the director or deputy director pursuant to this section may be reviewed by the commission pursuant to the same procedures set forth under this article for reviewing findings of no probable cause issued by the director or deputy director in cases investigated by the commission. The only issues subject to review are whether there is a material difference between state and federal law, and whether any such material difference requires additional investigation or the issuance of a finding different from that issued by EEOC or HUD.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 2 - General Information › Section 2-5 - Filing complaints

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1
Sec. 5.
(a) Complaints may be filed with the commission at its Indianapolis office either by personal delivery or by mail. The commission's staff may provide assistance in drafting and filing a complaint.
(b) The complaint shall be deemed filed as of the date of either of the following:
(1) The postmark, if the complaint is filed by first class mail, or its receipt at the commission's offices if no postmark is visible.
(2) Receipt at the commission's office if the complaint is filed by means other than first class mail.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 2 - General Information › Section 2-6 - Withdrawal of complaint; notice

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1
Sec. 6.
Withdrawal Of A Complaint.
(A) Who May Withdraw. A complaint, or any part thereof, may be withdrawn only upon written request as hereinafter set forth:
(i) If the request for withdrawal is made before the case has been set for hearing, and notice thereof sent, the Complaint may be withdrawn at the discretion of the Complainant.
(ii) If the request for withdrawal is made after the case has been set for hearing, the written consent of a majority of the Commissioners shall be obtained.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 2 - General Information › Section 2-7 - Answers; relief; time limits; default; replies

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1
Sec. 7.
(a) A respondent may choose not to file an answer and, in the alternative, may grant relief to a complainant within twenty (20) days after service upon the respondent of a copy of the complaint. If a complainant accepts the offer of relief and the relief offered is acceptable to the commission as a just resolution of the complaint, such complaint will be dismissed subject to full performance by the respondent of the terms of the respondent's proposed offer.
(b) A respondent may answer by filing an answer to the complaint in accordance with this section. An answer shall state in short and plain terms the defenses to each claim asserted and shall admit or deny the allegations set forth in the complaint. If, in good faith, the respondent intends to deny all the allegations in the complaint, the respondent must do so subject to verification under oath. In lieu of a general denial, the respondent may:
(1) specifically deny designated allegations or paragraphs; or
(2) generally deny all allegations, except such allegations and paragraphs as expressly admitted.
If the respondent lacks knowledge or information sufficient to form a belief as to the truth of an allegation, the respondent shall so state and such statement will be considered a denial. If the respondent intends to deny only a part or qualify an allegation, the respondent shall specify so much of it as is true and material and deny the remainder. All denials shall meet the substance of the allegations denied. Allegations in a complaint, except those pertaining to amount of damages, are admitted when not denied in an answer.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 2 - General Information › Section 2-8 - Amendments to pleadings

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 8.
(a) At any time prior to the issuance of the notice of a prehearing conference, a complaint, or any part thereof, may be amended as a matter of a right by the complainant. Otherwise, a complainant may amend the complaint only by leave of the commission, and such leave shall be given when justice so requires.
(b) A respondent may amend his or her answer as a matter of right at any time prior to the issuance of notice of a prehearing conference. Otherwise, a respondent may amend its answer only by leave of the commission, and such leave shall be given when justice so requires.
(c) Each party shall be served with a copy of each amendment to a pleading.
(d) When issues not raised in the pleadings filed by the parties are heard by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendments of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after final order, but failure to so amend shall not affect the adjudication of the hearing. If evidence is objected to at the hearing on the ground that it is not within the issues raised by the pleadings, the presiding officer may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be served thereby and the objecting party fails to show that the admission of such evidence would prejudice such party in maintaining a claim or defense on the merits. The presiding officer may grant a continuance to enable the objecting party to meet such evidence.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 2 - General Information › Section 2-9 - Ruling on prehearing motions and petitions

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 9.
When a party files a prehearing motion or petition, and a presiding officer has not been appointed, the chair, vice chair, or, if both are unavailable, any commissioner, shall rule on the motion or petition. If a presiding officer has been appointed pursuant to this article, the presiding officer shall rule on the motion or petition.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 2 - General Information › Section 2-10 - Motion for a more definite statement

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 10.
(a) Any person named as a respondent may file a motion in writing within ten (10) days after service of a complaint requesting that the allegations in the complaint be made more definite and certain. Such motion shall set forth the deficiencies in the complaint. If a presiding officer:
(1) has not been appointed under this article, the chair, vice chair, or, if both are unavailable, any commissioner shall:
(A) rule on the motion; and
(B) if the motion is granted, fix the time within which the complainant shall comply; or
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 3 - Processing a Complaint › Section 3-1 - Docketing; notice; selection of investigator

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  4-21.5-3-1
Sec. 1.
(a) Each complaint shall be given a case number in sequential order by date of filing with the commission.
(b) Each respondent shall be served with a copy of the complaint and a statement of the respondents' procedural rights and obligations. Service shall be deemed sufficient if accomplished by any means by which subpoenas may be served in accordance with this article. Service shall also be deemed sufficient if made by publication in compliance with IC  4-21.5-3-1, as amended from time to time.
(c) The director or deputy director may conduct the investigation of a complaint or assign all or any part thereof to a member of the staff.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 3 - Processing a Complaint › Section 3-2 - Investigation and finding; appeal; dismissal

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-2; IC  22-9-1-3
Sec. 2.
(a) If a respondent chooses to defend against a complaint, the director shall initiate a full investigation of such complaint. Based on the results of the investigation, the director shall determine whether probable cause exists.
(b) If the director or deputy director issues a finding of probable cause or if the commission issues a finding of probable cause pursuant to an appeal under subsection (d), notice of such finding shall be served on all parties and a presiding officer shall be appointed.
(c) If the director or deputy director issues a finding of no probable cause, notice of such finding shall be served upon all parties.
(d) The director or deputy director shall issue a written finding that complainant did not proceed if the director or deputy director finds that dismissal of the complaint will serve the public interest and further finds that, after reasonable effort by the commission's staff:
(1) the complainant has unreasonably failed to cooperate with the commission's staff; or
(2) the commission's staff has been unable to locate the complainant.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 3 - Processing a Complaint › Section 3-3 - Conciliation conference

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 3.
Upon written request of a respondent, or upon agreement of all parties, the director or the director's designee may schedule a conciliation conference. If a case is scheduled for a conciliation conference, all parties must attend such conference and participate in good faith. All settlement discussions made in the course of a conciliation conference scheduled by the director shall be confidential, and no admissions made against interest during the course of such conciliation conference shall be admissible as evidence in a public hearing held by the commission or in any other legal proceeding.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 3 - Processing a Complaint › Section 3-4 - Consent agreements

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-2; IC  22-9-1-3
Sec. 4.
The director or such person as the director designates may sign a consent agreement with regard to settlement in any case. Such agreement, however, is not final unless approved by the commission. A consent agreement approved by the commission shall be binding on the commission and shall be enforceable as a final order by the commission against any party signing such agreement. The commission may enforce such agreement by action brought in a circuit or superior court upon a showing that such party:
(1) has failed to comply with one (1) or more terms or conditions of the consent agreement;
(2) is subject to the commission's jurisdiction; and
(3) resides or transacts business within the county in which the petition for enforcement is brought.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 3 - Processing a Complaint › Section 3-5 - Appointment of administrative law judges and presiding officer; appointments by presiding officer

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 5.
(a) When the director or deputy director has issued a finding of probable cause or a motion has been filed prior to the issuance of a finding by the director or deputy director, the chair or, if the chair is unavailable, a commissioner, shall appoint an administrative law judge or judges to conduct a public hearing and to rule on all prehearing motions and petitions. When more than one (1) administrative law judge is appointed for a public hearing, the chair shall designate which administrative law judge shall be the presiding officer. The parties shall be notified of such appointment.
(b) The presiding officer may:
(1) appoint a settlement judge to preside over and conduct settlement conferences and negotiations under such conditions as may be imposed by the presiding officer; and
(2) upon agreement of the parties, appoint a conciliator.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 3 - Processing a Complaint › Section 3-6 - Election of forum

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 6.
The parties to a case before the commission may elect, in writing, to proceed before a circuit or superior court of competent jurisdiction. An election to proceed in circuit or superior court is effective only if all parties to a case timely file a written election. If all parties have filed a timely election to proceed in circuit or superior court, the commission shall dismiss the case, without prejudice. Such dismissal shall be sufficient to exhaust all administrative remedies in the case.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 4 - Discovery › Section 4-1 - Discovery

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  34-5-1-1
Sec. 1.
(a) Any party to the proceeding shall be entitled to conduct discovery upon issuance of a finding of probable cause. When any party has filed a motion prior to the issuance of a finding of probable cause, all parties are entitled to conduct discovery relevant to the issues raised by such motion. At any other time, the parties may conduct discovery only by leave of the presiding officer, or, if a presiding officer has not been appointed, by any commissioner. Discovery shall be conducted pursuant to the rules of procedure governing discovery set forth in the Indiana Rules of Trial Procedure. Upon the request of any party, the presiding officer, or, if no presiding officer has been appointed, any commissioner, shall, or upon a motion may, issue subpoenas and discovery orders, including protective orders, in accordance with the Indiana Rules of Trial Procedure. The presiding officer, or, if a presiding officer has not been appointed, any commissioner, may limit the conduct of discovery as justice requires. Nothing contained in this section limits the commission's authority to issue a subpoena at any time.
(b) Subpoenas and other discovery orders issued by the presiding officer, a commissioner, or the commission may be enforced in circuit or superior court in the manner set forth in the Administrative Orders and Procedures Act.
(c) No deposition, request for discovery, or response to a request for discovery under the Indiana Rules of Trial Procedure shall be filed with the commission unless:
(1) a motion is filed pursuant to Rule 26(c) or Rule 37 of the Indiana Rules of Trial Procedure and the original deposition, request for discovery, or response to a request for discovery is necessary to enable the commission to rule; or
(2) a party desires to use the deposition or request for discovery or response thereto for evidentiary purposes at hearing or in connection with a motion and the presiding officer permits such usage.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 5 - Service of Process › Section 5-2 - Subpoenas

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 2.
(a) The commission may issue subpoenas on its own motion or upon request of any party.
(b) A subpoena issued by the commission may be served by a sheriff, the sheriff's deputy, a party, or any person. Service of a subpoena upon a person named in the subpoena shall be made by delivering a copy thereof to the person named in the subpoena, or an individual acting in a representative capacity for such person, by:
(1) sending a copy of the subpoena by registered or certified mail or other public means by which a written acknowledgement of receipt may be requested and obtained to his or her residence, place of business, or place of employment;
(2) delivering a copy of the subpoena personally;
(3) leaving a copy of the subpoena at his or her dwelling house or usual place of abode; or
(4) serving his or her agent as provided by rule, statute, or valid agreement.
Whenever service is made under subdivision (3) or (4), the person making the service shall also send a copy of the subpoena by first class mail to the last known address of the person being served and this fact shall be shown upon the return.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 6 - Default › Section 6-1 - Failures constituting default; default orders

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 1.
When a party has:
(1) failed to plead or otherwise defend as provided by this article; or
(2) failed to appear for a public hearing after proper notice; such party is in default. Upon a showing that a party is in default, the commission may enter an order by default in accordance with the procedures set forth in the Administrative Orders and Procedures Act.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 6 - Default › Section 6-2 - Default orders against governmental organizations

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 2.
An order by default may be entered against a governmental organization.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 6 - Default › Section 6-3 - Vacation of default order

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 3.
Setting Aside Default. Upon application within a reasonable time and upon good cause shown, the Chairman of the Commission may set aside on Order by Default.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 6 - Default › Section 6-4 - Default by governmental organization

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 4.
Order Against Governmental Organizations. An Order by Default may be entered against a governmental organization.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 7 - Parties › Section 7-1 - Substitution of parties; relation back

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 1.
(a) Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the person against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by law for commencing the action against the person to be brought in by amendment, such person:
(1) has received such notice of the institution of the action that he or she will not be prejudiced in maintaining a defense on the merits; and
(2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him or her.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 7 - Parties › Section 7-2 - Intervention

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 2.
(a) The director, or the deputy director, in his or her official capacity, may intervene as a party in any case following the issuance of a finding of probable cause. The director or deputy director may also intervene as a party in any case in which a motion has been filed prior to the issuance of a finding of probable cause or a finding of no probable cause for the limited purpose of addressing or contesting such prefinding motion. Nothing in this section shall be construed as limiting the right of the director or deputy director to initiate or join any proceeding or case as provided elsewhere in this article.
(b) The Administrative Orders and Procedures Act shall govern all petitions for intervention by any person other than the director or the deputy director.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 7 - Parties › Section 7-3 - Joinder of parties; indispensable parties

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 3.
(a) A person who is subject to service or process shall be joined as a party before the commission if:
(1) in such person's absence, complete relief cannot be accorded among those already parties; or
(2) such person claims an interest relating to the subject of the action and is so situated that the disposition of the action in his or her absence may:
(A) as a practical matter, impair or impede his or her ability to protect that interest; or
(B) leave any of the persons already parties subject to substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of such absent person's claimed interest.
If such a person has not been so joined, the presiding officer shall order that he or she be made a party. If, in accordance with the foregoing, a person should join as a complainant, but refuses to do so, such person may be made a respondent.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 8 - Practice Before the Commission › Section 8-1 - Representation of parties

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 1.
(a) Any person may appear before the commission, or presiding officer on his or her own behalf, or by an attorney admitted to practice and in good standing before the bar of any of the United States or the District of Columbia.
(b) A complainant may appear before the commission, or presiding officer, in person, by an attorney, or by a legal intern pursuing an education in a legal institution and engaged in a program certified by the supreme court of Indiana. In lieu of the options provided in this subsection, the case in support of the complaint may be presented by the commission's staff attorney. In such case, the commission's staff attorney represents the public interest and does not enter into an attorney-client relationship with a complainant. In the event the commission's staff attorney presents the case in support of the complaint and the complainant's interest conflicts with the public interest, the commission's attorney is bound to pursue the public interest.
(c) In the event a complainant appears in person or by an attorney or a legal intern pursuing an education in a legal institution and engaging in a program certified by the supreme court of Indiana, the commission's staff attorney may present the case in support of the complaint for purposes of furthering the public interest.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 8 - Practice Before the Commission › Section 8-2 - Venue

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 2.
It is the policy of the commission to maintain an objective neutral forum equally accessible to all participants in the proceeding before the commission. In order to preserve this policy, hearings shall be held in Indianapolis unless otherwise ordered by the commission.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 9 - Pre-Hearing Conference › Section 9-1 - Prehearing conference; report; continuing duty to make discovery

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1
Sec. 1.
(a) In the event that a public hearing is required under this article, the presiding officer may direct the parties, the attorneys for the parties, and, where appropriate, the commission's staff attorney to appear before him or her for a prehearing conference to consider the following:
(1) The simplification of the issues.
(2) The necessity or desirability of amendments to the pleadings.
(3) The possibility of obtaining admissions of fact and of documents that will avoid unnecessary proof.
(4) A limitation of the number of expert witnesses.
(5) An exchange of names of witnesses to be called during the hearing and the general nature of their expected testimony.
(6) Such other matters as may aid in the disposition of the action.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 10 - Notice of Hearing › Section 10-1 - Notice of hearing

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1
Sec. 1.
(a) If, pursuant to this article, a hearing is required, the complaint shall be set for hearing by the presiding officer, or, if no presiding officer has been appointed, by the director or deputy director. Notice thereof shall be served upon all parties.
(b) All notices of hearing shall state the date, time, place of hearing, and that parties shall appear with or without counsel at the hearing to answer the complaint and submit testimony with respect to the alleged discriminatory practice. All notices shall advise each party that the failure to appear will result in an adverse order by default pursuant to this article.
(c) Notice of hearing shall be delivered or mailed no less than fifteen (15) days prior to the date of the hearing.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 10 - Notice of Hearing › Section 10-2 - Continuances

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 2.
Upon application, the chair, vice chair, or, if both are unavailable, any commissioner for good cause shown may extend the date on which a hearing has been set. If a presiding officer has been appointed pursuant to this article, the presiding officer shall rule on such application.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 11 - Hearings › Section 11-1 - Rules of practice governing hearings

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 1.
(a) All parties to the proceeding may appear in person or by counsel and shall be allowed to present and cross examine witnesses and to submit evidence.
(b) No evidence shall be received at any hearing except upon reasonable opportunity for all parties to be present. Each party shall, unless excused by the presiding officer, be present in person at each hearing and may be represented by counsel if he or she desires.
(c) The commission shall conduct its hearings in an informal manner in accordance with the Administrative Orders and Procedures Act.
(d) The presiding officer may, among other things:
(1) administer oaths and affirmations;
(2) issue subpoenas;
(3) rule on offers of proof and receive relevant oral or documentary evidence;
(4) take or cause depositions to be taken;
(5) conduct conferences for the settlement or simplification of the issues by consent of the parties; and
(6) dispose of procedural motions and similar matters.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 11 - Hearings › Section 11-2 - Reopening hearings

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 2.
Motion To Reopen Hearing.
(A) Reopening Hearings. At any time after a hearing has been closed, but prior to a final determination, the Commission may on its own motion, or upon motion by any party, reopen the proceeding to receive further evidence or argument.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 11 - Hearings › Section 11-3 - Briefs; proposed findings, conclusions, and order

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 3.
Briefs And Post Hearing Procedure.
(A) Who May File. Briefs may be filed by a party, or any interested person, either before or during the course of a public hearing, or within such time thereafter as the Presiding Officer shall designate. Failure to file a brief shall in no way prejudice the rights of any party.
(B) At The Close Of Hearing. At the close of the public hearing the Presiding Officer may order the parties to submit a suggested decision to the Commission. A suggested decision shall include suggested findings of fact, conclusions of law, and the final order by the Commission which the party desires.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 14 - Revocation or Suspension of Licenses › Section 14-1 - License suspension or revocation; notice; hearing

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 1.
Notice To Licensee And Licensing Agency.
(A) Procedure. Any licensee of the State of Indiana who is found to have committed a Discriminatory Practice shall be put on notice by the order of the Commission that failure to comply with its final order will subject said licensee to the possible suspension or revocation of such license. The licensing agency shall be given notice of the Commission's determination, and upon failure of the licensee to comply with the Commission's final order, the Commission shall request the licensing agency to conduct a hearing on the matter of whether or not such licensee shall continue to be licensed.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 15 - Construction of Regulations › Section 15-1 - Construction of rules; severability

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 1.
How Construed And Partial Invalidity.
(A) Broadly. These regulations
[910 IAC 1]
shall be broadly construed to accomplish the purposes of the Law and the policies of the Commission.
(B) Partial Invalidity. If any provision of these rules
[910 IAC 1]
or the application of a provision to any person or circumstances shall be held invalid, the remainder of these rules
[910 IAC 1]
or the application of a rule to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 16 - Complainants › Section 16-1 - Duties

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 1.
(a) Each complainant has the duty to diligently prosecute his or her case before the commission. Such duty includes, without limitation, the following obligations:
(1) To promptly notify the commission of any change in address or telephone number.
(2) To provide in good faith truthful answers to all questions from any member of the commission's staff pursuant to the conduct of an investigation by the commission.
(3) To provide any and all documents within his or her control that are requested by any member of the commission's staff and are reasonably related to the conduct of an investigation by the commission.
(4) To execute any documents requested by any member of the commission's staff that are reasonably necessary to the conduct of an investigation by the commission, including, without limitation, documents authorizing the release of confidential medical information.
(5) To claim any and all certified or registered mail from the commission.
(6) To respond, in a timely manner, to any and all requests by members of the commission's staff that are reasonably necessary to the conduct of an investigation by the commission.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 17 - Telephonic Hearings › Section 17-1 - Telephonic hearings

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 1.
The commission, in its discretion, may hold a public hearing by telephone on the issue of whether an order of the commission should be set aside on grounds that a party did not receive sufficient notice of a finding, notice, order, or other document. The commission shall not exercise its discretion to hold a hearing telephonically where to do so would unduly prejudice a party.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 17 - Telephonic Hearings › Section 17-2 - Procedures

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-6
Sec. 2.
(a) The commission shall provide all parties with notice that a hearing will be held telephonically at least ten (10) business days prior to the scheduled hearing date. Such notice shall include the following:
(1) Notification of the right to object to a telephonic hearing within five (5) business days of the date of receipt of such notice of telephonic hearing.
(2) Instructions as to the means and manner by which the telephonic hearing will be conducted.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 1 - General Information › Section 1-1 - Scope

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 1.
(a) It is the policy of the ICRC to provide for fair housing throughout the state of Indiana. No person shall be subjected to discrimination because of race, color, religion, sex, handicap, familial status, or national origin in the sale, rental, or advertising of a dwelling, in the provision of brokerage services, or in the availability of a residential real estate related transaction.
(b) This article provides the ICRC's interpretation of the coverage and application of IC 22-9.5 regarding discrimination related to the sale or rental of a dwelling, the provision of services in connection therewith, and the availability of a residential real estate related transaction.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 1 - General Information › Section 1-2 - Definitions

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 2.
The following definitions apply throughout this article:
(1) "Director" means the director of the Indiana civil rights commission or a designee.
(2) "ICRC" means the Indiana civil rights commission.
(3) "Handicap" or "handicapped" means disabled or disability.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 2 - Discriminatory Housing Practices › Section 2-1 - Real estate practices prohibited

Current through July 10, 2024
Authority: IC 22-9.5-4-2
Affected: IC 22-9.5-5
Sec. 1.
(a) This rule provides ICRC's interpretation of conduct that is unlawful housing discrimination under IC 22-9.5-5.
(b) It shall be unlawful to do the following:
(1) Refuse to sell or rent a dwelling after a bona fide offer has been made, refuse to negotiate for the sale or rental of a dwelling because of race, color, religion, sex, familial status, or national origin, or discriminate in the sale or rental of a dwelling because of handicap.
(2) Discriminate in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with the sale or rental, because of race, color, religion, sex, handicap, familial status, or national origin.
(3) Engage in any conduct relating to the provision of housing which otherwise makes unavailable or denies dwellings to persons because of race, color, religion, sex, handicap, familial status, or national origin.
(4) Make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.
(5) Represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that a dwelling is not available for sale or rental when such dwelling is in fact available.
(6) Engage in blockbusting practices, as described in section 7 of this rule, in connection with the sale or rental of dwellings because of race, color, religion, sex, handicap, familial status, or national origin.
(7) Deny access to, or membership or participation in, or discriminate against any person in his or her access to, or membership or participation in, any multiple-listing service, real estate brokers' association, or other service organization or facility relating to the business of selling or renting a dwelling or in the terms or conditions or membership or participation, because of race, color, religion, sex, handicap, familial status, or national origin.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 2 - Discriminatory Housing Practices › Section 2-2 - Unlawful refusal to sell, rent, or negotiate for the sale or rental

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 2.
(a) It shall be unlawful for a person to refuse:
(1) to sell or rent a dwelling to a person who has made a bona fide offer because of race, color, religion, sex, familial status, or national origin; or
(2) to refuse to negotiate with a person for the sale or rental of a dwelling because of race, color, religion, sex, familial status, or national origin.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 2 - Discriminatory Housing Practices › Section 2-3 - Discrimination in terms, conditions, privileges, services, and facilities

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 3.
(a) It shall be unlawful to impose different terms, conditions, or privileges relating to the sale or rental of a dwelling or to deny or limit services or facilities in connection with the sale or rental of a dwelling because of race, color, religion, sex, handicap, familial status, or national origin.
(b) Prohibited actions under this section include, but are not limited to, the following:
(1) Using different provisions in a lease or contract of sale, such as those relating to rental charges, security deposits, and terms of a lease and those relating to down payment and closing requirements because of race, color, religion, sex, handicap, familial status, or national origin.
(2) Failing or delaying maintenance or repairs of sale or rental dwellings because of race, color, religion, sex, handicap, familial status, or national origin.
(3) Failing to process an offer for the sale or rental of a dwelling or to communicate an offer accurately because of race, color, religion, sex, handicap, familial status, or national origin.
(4) Limiting the use of privileges, services, or facilities associated with a dwelling because of race, color, religion, sex, handicap, familial status, or national origin or an owner, tenant, or person associated with him or her.
(5) Denying or limiting services or facilities in connection with the sale or rental of a dwelling because a person failed or refused to provide sexual favors.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 2 - Discriminatory Housing Practices › Section 2-4 - Other prohibited sale and rental conduct

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 4.
(a) It shall be unlawful:
(1) to restrict or attempt to restrict the choices of a person by word or conduct in connection with seeking, negotiating for, buying, or renting a dwelling so as to perpetuate, or tend to perpetuate, segregated housing patterns; or
(2) to discourage or obstruct choices in a community, neighborhood, or development; because of race, color, religion, sex, handicap, familial status, or national origin.