Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 5 - Service of Process › Section 5-1 - Filing

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-3
Sec. 1.
(a) Complaints filed with the commission shall be filed as provided in this article. All other pleadings, motions, petitions, requests, and other instruments shall be filed by delivering in person during regular business hours, or by mailing the original instrument and three (3) copies thereof to the office of the commission at Indianapolis. All such instruments shall be signed by the party on whose behalf they are filed or by such party's attorney. Where, pursuant to this article, a complainant has elected to have the case in support of the complaint presented by the commission's staff attorney, such instruments may be signed by the commission's staff attorney on behalf of the complainant. All such instruments shall show the party's address and phone number and the address and phone number of the attorney filing the instrument.
(b) All notices, orders, and other documents provided for in this article shall be served on all parties. If a party is represented in the proceedings by an attorney of record, all notices, orders, and other documents shall be served on such party's attorney with a copy of such document sent to the party.
(c) When a commission staff attorney has appeared for purposes of presenting the case in support of the complaint, all notices, orders, and other documents shall be served on the commission's staff attorney with a copy sent to the complainant. Service may be by regular mail or personal delivery unless otherwise ordered.
(d) Service shall be deemed complete upon mailing; however, whenever a party has the right or is required to do some act or take some proceeding within a prescribed period after the service of a notice or other document upon him or her by mail, three (3) days shall be added to the prescribed period. Proof of mailing of any document shall constitute prima facie proof of service of such document. A signed certificate affirming that the signatory placed a document in the mail shall constitute proof of mailing of such document for purposes of this article.
(e) In all cases in which the commission is the moving party, all notices provided for in this section shall be in writing, and shall be given at least five (5) days prior to the event of which notice is given, unless a longer period of notice is prescribed in this article. Every notice shall set forth a statement of the fact or law involved to advise the person notified of the matters at issue to be heard or determined by the commission together with the time and place of any hearing or the time before which any action called for or permitted by the notice must be taken. Such statement may be informal and need not conform to the requirements of a pleading in court.
(f) An application to the commission to take any action or to enter any order after the filing of the initial complaint or answer shall be by motion that, unless made during a hearing, shall:
(1) be made in writing;
(2) state specifically the grounds therefore; and
(3) set forth the action or order sought.
Each motion made in writing, or reduced to writing at the request of the commission, shall be filed with the commission and notice thereof shall be served upon all parties.