Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
shall set forth the ruling or relief sought, and shall state the grounds
therefor and the statutory or other authority relief [sic.]
(b) Motions may be
made in writing at any time, and motions made during hearings may be stated
orally upon the record, or the presiding officer may require that such oral
motions be reduced to writing and filed separately.
(c) Any party may respond to any motion.
Responses to motions made during hearings may be stated orally upon the record,
or the presiding officer may require that such oral responses be reduced to
writing and filed separately. Responses to written motions shall be filed with
the commission within ten (10) days after the date of the receipt of service of
the motion, unless the presiding officer shall prescribe a different time.
(d) The party originally making or
filing any such motion to which another party responds may reply to such
response. Replies may be made orally during hearings or if made in writing,
shall be filed with the commission within seven (7) days after the date of
receipt of service of that response, unless the presiding officer shall
prescribe a different time.
The presiding officer is authorized to rule and shall rule upon any motion not
formally acted upon by the commission prior to the commencement of the hearing
where immediate ruling is essential in order to proceed with the hearing, and
upon any motion filed or made after the commencement of the hearing and prior
to the submission of a decision in the proceeding. The presiding officer by
initial decision may render a final determination with regard to any motion
prior to the termination of hearing including a question of jurisdiction, the
establishment of a prima facie case, or standing. Motions made during the
course of hearing, which if granted would otherwise dispose of a party's
rights, should be acted upon by the presiding officer prior to taking further
testimony if, in the opinion of the presiding officer, such action is