45 IAC 16-1.5-6 - Answers

Authority: IC 8-2.1-18-6

Affected: IC 8-2.1-18

Sec. 6.

(a) In addition to all matters required by 170 IAC 1-1.2-4, answers to any complaint must conform to the following:
(1) Answers shall be filed with the commission within twenty (20) days after the date of receipt of service unless a different time is prescribed by law or by the commission.
(2) The answer to a complaint shall set forth, in paragraphs numbered to correspond with the complaint, the facts upon which the respondent relies. All answers shall be in writing, and so drawn as fully and completely to advise the parties and the commission of the nature of the defense. They shall admit or deny specifically and in detail each material allegation of the pleading answer, and state clearly and concisely the facts and matters of law relied upon.
(3) Any respondent failing to file an answer within the applicable period shall be deemed to be in default, and all relevant basic facts stated in such complaint or petition may be deemed admitted.
(b)
(1) In its answer, a respondent may seek relief against other parties in a proceeding by reason of the presence of common questions of law or fact. The respondent shall set forth in the answer the facts constituting the grounds of complaint, the provisions of the statutes, rules, regulations, or orders relied upon, the injury complained of, and the relief sought. The answer shall in all other respects conform to the requirements of 170 IAC 1-1.2 for answers generally.
(2) Unless otherwise ordered by the commission, replies to answers seeking affirmative relief shall be filed with the commission within ten (10) days after receipt of service of the answer, but not later than five (5) days prior to the date set for the commencement of the hearing, if any.
(c) Any person upon whom an order to show cause has been served pursuant to IC 8-2-7-6[IC 8-2-7 was repealed by P.L. 72-1988, SECTION 10, effective March 1, 1990.] shall, if directed to do so, respond to the same by filing with the commission, within the time specified in said order, an answer in writing. Such answer shall be drawn so as to specifically admit or deny the allegations or charges which may be made in said order, set forth the facts upon which respondent relies, and state concisely the matters of law relied upon. Mere general denials of the allegations of an order to show cause which are unsupported by specific facts upon which respondent relies, will not be considered as complying with this section and may be deemed a basis for entry of a final order without hearing, unless otherwise required by statute, on the ground the response has raised no issues requiring a hearing or further proceedings. Any respondent failing to file an answer within the time allowed shall be deemed in default, and all relevant facts stated in the order to show cause may be deemed admitted.
(d) Any participant may file an answer to any amendment, modification or other pleading. If made, the answer shall be filed with the commission within ten (10) days after the date of receipt of service of the amendment, modification or supplement, unless for cause the commission or presiding officer with or without motion shall prescribe a different time.

Notes

45 IAC 16-1.5-6
Department of State Revenue; 45 IAC 16-1.5-6; filed Oct 21, 1986, 10:37 am: 10 IR 384

Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 1-1.2-6 ) to the Department of State Revenue ( 45 IAC 16-1.5-6 ) by P.L. 72-1988, SECTION 12, effective July 1, 1988.

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