45 IAC 16-1.5-11 - Motions

Authority: IC 8-2.1-18-6

Affected: IC 8-2.1-18

Sec. 11.

(a) Motions shall set forth the ruling or relief sought, and shall state the grounds therefor and the statutory or other authority relief [sic.] upon.
(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.
(e) 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 warranted.

Notes

45 IAC 16-1.5-11
Department of State Revenue; 45 IAC 16-1.5-11; filed Oct 21, 1986, 10:37 am: 10 IR 387

Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 1-1.2-11 ) to the Department of State Revenue ( 45 IAC 16-1.5-11 ) by P.L. 72-1988, SECTION 12, effective July 1, 1988.

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