68 IAC 13-2-10 - Penalties
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-21.5-3; IC 4-33; IC 4-35
Sec. 10.
(a) The
administrative law judge may impose penalties as outlined in Indiana Rules of
Trial Procedure 26 through 37 and IC 4-21.5-3.
(b) If a respondent fails to testify on the
respondent's own behalf with respect to any question propounded to that person,
the administrative law judge may infer therefrom that such testimony or answer
would have been adverse to the case of the party refusing to testify.
(c) If the respondent or the respondent's
agent fails to answer a subpoena or refuses to testify fully at the request of
the commission, such failure may be deemed independent grounds for a finding
that the respondent should be penalized. The administrative law judge may also
infer therefrom that such testimony would have been adverse to the
respondent.
(d) The unexcused
failure of the respondent to appear at a hearing constitutes an admission of
all matters and facts contained in the complaint. In such case, the
administrative law judge may take action based upon such admission or upon any
other evidence, including affidavits, without any further notice to the
respondent.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.