Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 1 - PROCEDURAL REQUIREMENTS › Rule 1 - Administrative Adjudication Procedures Related to Aeronautics Programs › Section 1-2 - Pleadings; informal proceedings; content of pleadings; agency action upon filing of deficient pleadings; record of proceeding

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 4-21.5; IC 8-21-1-8
Sec. 2.
General Requirements as to Papers in Proceedings.
(1) Informal Complaints. Complaints may be
				made to the Commission informally by letter or other writing and matters so
				presented may, if their nature warrants, be taken up by correspondence or
				conference with the person or persons complained of. Any matter not disposed of
				informally may be made the subject of a formal proceeding.
(2) Conformity to Rules. Any person wishing
				to institute a proceeding should consult the rules, regulations, and orders of
				the Commission under the various sections of the Act.
(3) Requirements in Absence of Rules. In case
				there is no rule, regulation, or order of the Commission which prescribes the
				contents of the formal application, complaint, or petition in a given case, the
				application, complaint, or petition should contain a concise but complete
				statement of the facts relied upon as the bases for the relief or action
				sought. The names and addresses of the persons, if any, against whom relief or
				action is sought, should also be set forth in full.
(4) Insufficient Allegations. In any case
				where the Commission is of the opinion that a formal application, complaint or
				petition does not sufficiently set forth the material required to be set forth
				by any applicable rule, regulation, or order of the Commission, or is otherwise
				insufficient, the Commission may advise the party filing the same of the
				deficiency and require that any additional information be supplied by
				amendment.
(5) Answers. Answers to
				formal complaints, petitions and orders to show cause will not usually be
				required. In case the Commission deems an answer to be desirable, the parties
				will be notified.
(6) Retention of
				Papers by the Commission. When any formal application, complaint, or petition
				is denied, dismissed or permitted to be withdrawn, in whole or in part, said
				application, complaint or petition, and all documents filed with the Commission
				pertaining thereto shall be retained in the files of the Commission. When any
				proceeding instituted by the Commission is dismissed, terminated or rescinded,
				all documents filed with the Commission pertaining thereto shall be retained in
				the files of the Commission; Provided, that this paragraph shall not apply to
				documents filed with the Commission in any proceeding on the basis of a
				stipulation that such documents will be returned to the parties so filing when
				the purpose for which the documents are filed has been served.
Transferred from Department of Transportation ( 100 IAC
					 1-1-2 ) to Indiana Department of Transportation ( 105 IAC 1-1-2 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.