560 IAC 2-3.1-9 - Expedited proceedings when impasse is stayed due to unfair practice complaint

Authority: IC 20-29-3-11

Affected: IC 4-21.5-3; IC 20-29-7-4

Sec. 9.

(a) In the event impasse is stayed as the result of an unfair practice complaint, the unfair practice proceedings shall be conducted in accordance with IC 4-21.5-3 and this section.
(b) The executive director shall appoint a hearing examiner within two (2) business days of the date the complaint is filed.
(c) The hearing examiner shall set an expedited discovery schedule, and all discovery shall be completed no later than sixty (60) days of the date the complaint was filed.
(d) Any motion for summary judgment shall be filed no later than ninety (90) days of the date the complaint was filed.
(e) The hearing examiner may not grant any extension of time to file a motion for summary judgment or any responses thereto.
(f) The hearing shall be conducted within one hundred eighty (180) days of the date the complaint was filed.
(g) The hearing examiner shall not grant any extensions of time unless an emergency exists.
(h) The hearing examiner shall issue a written report within thirty (30) days of the later of:
(1) the conclusion of the hearing; or
(2) submission of proposed findings of fact.
(i) The parties may not waive the expedited timelines.
(j) If the parties request mediation, engaging in mediation does not toll the expedited timelines in this section.
(k) In the event the stay of impasse is lifted, the expedited timelines and this section no longer apply to the proceeding.


560 IAC 2-3.1-9
Indiana Education Employment Relations Board; 560 IAC 2-3.1-9; filed 5/24/2018, 11:06 a.m.: 20180620-IR-560170443FRA Readopted filed 8/16/2022, 2:41 p.m.: 20220914-IR-560220222RFA

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