4-33-3-23; IC 4-33-4; IC
Affected: IC 4-21.5-3; IC 4-33; IC 4-35
burden of proof is at all times on the commission. The commission has the
affirmative responsibility of establishing by a preponderance of the evidence
(1) respondent has committed a
noncriminal violation of IC 4-33, IC 4-35, or this title; and
(2) proposed penalty is
respondent has the:
(1) burden of proof to
prove the allegations contained in any affirmative defense contained in the
responsibility of establishing the elements of an affirmative defense by a
preponderance of the evidence.
(c) Any testimony must be given under oath or
affirmation. The administrative law judge and recorder are authorized to
(d) Both parties
may present an opening statement on the merits. The commission proceeds first,
followed by the respondent. The respondent may not reserve opening statement
for a later time. The administrative law judge may determine the length of
commission must then present the commission's case-in-chief.
Upon conclusion of the commission's
case-in-chief, the respondent may move for a directed finding. The
administrative law judge may:
arguments on the motion; or
grant, deny, or reserve any decision thereon, with or without
(1) no motion for directed finding is made;
(2) such motion is denied or
decision reserved thereon; the respondent may present its case.
(h) Each party may conduct
cross-examination of adverse witnesses.
(i) Upon conclusion of the respondent's case,
the commission may present evidence in rebuttal.
The administrative law judge may:
(1) ask questions of the witnesses;
(2) request or allow additional
evidence at any time, including additional rebuttal evidence.
(k) Both parties may present
closing argument. The commission proceeds first, then the respondent, and,
thereafter, the commission may present rebuttal argument. The administrative
law judge may determine the length of closing arguments.
The administrative law judge may require
or allow the parties to submit posthearing briefs, or proposed findings of fact
and conclusions of law, or both, within:
ten (10) days of the conclusion of the hearing; or
(2) such other time period the administrative
law judge might order.