Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 7 - Administrative Proceedings › Section 7-8 - Hearing procedures

Current through July 10, 2024
Authority: IC 22-9.5-4-2
Affected: IC 4-21.5-3; IC 22-9.5
Sec. 8.
(a) The hearing shall commence no later than one hundred twenty (120) days following the issuance of the charge under 910 IAC 2-6-6(g), unless it is impracticable to do so. If the hearing cannot be commenced within this time period, the administrative law judge shall notify in writing all parties, the aggrieved persons on whose behalf the charge was filed, and the director of the reasons for the delay.
(b) The hearing will be conducted in Indianapolis unless otherwise ordered by the administrative law judge under 910 IAC 1-8-2.
(c) The charge issued under 910 IAC 2-6-6(g)  will specify the time, date, and place for the hearing. The administrative law judge may change the time, date, or place of the hearing or may temporarily adjourn or continue a hearing for good cause shown. If such a change is made or the hearing is temporarily adjourned, the administrative law judge shall give the parties at least five (5) days notice of the revised time, date, and place for the hearing, unless otherwise agreed by the parties.
(d) The hearing shall be conducted in accordance with IC 4-21.5.
(e) If all parties waive their right to appear before the administrative law judge or to present evidence and arguments, it is not necessary for the administrative law judge to conduct an oral hearing. Such waivers shall be made in writing and filed with the administrative law judge. Where waivers are submitted by all parties, the administrative law judge shall make a record of the relevant written evidence submitted by the parties and pleadings submitted by the parties with respect to the issues in the proceeding. These documents shall constitute the evidence in the proceeding, and the decision shall be based upon this evidence. Such hearings shall be deemed to commence on the first day written evidence may be submitted for the record.
(f) IC  4-21.5-3  applies to the presentation of evidence in hearings under this rule.
(g) The administrative law judge may limit discovery or the introduction of evidence or may issue such protective or other orders necessary to protect privileged communications. If the administrative law judge determines that information in documents containing privileged matters should be made available to a party, the administrative law judge may order a summary or extract of the nonprivileged matter contained in the original.
(h) Requirements for exhibits shall be as follows:
(1) All exhibits offered into evidence shall be numbered sequentially and marked with a designation identifying the party offering the exhibit.
(2) One (1) copy of each exhibit offered into evidence must be furnished to each of the parties and to the administrative law judge. If the administrative law judge does not fix a time for the exchange of exhibits, the parties shall exchange copies of exhibits at the earliest practicable time before the commencement of the hearing. Exhibits submitted as rebuttal evidence are not required to be exchanged before the commencement of the hearing if the submission of such evidence could not reasonably be anticipated at the time.