68 IAC 13-2-11 - Proceedings

Authority: IC 4-33-3-23; IC 4-33-4; IC 4-35-4

Affected: IC 4-21.5-3; IC 4-33; IC 4-35

Sec. 11.

(a) The burden of proof is at all times on the commission. The commission has the affirmative responsibility of establishing by a preponderance of the evidence that the:

(1) respondent has committed a noncriminal violation of IC 4-33, IC 4-35, or this title; and

(2) proposed penalty is appropriate.

(b) The respondent has the:

(1) burden of proof to prove the allegations contained in any affirmative defense contained in the answer; and

(2) affirmative 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 administer oaths.

(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 opening statements.

(e) The commission must then present the commission's case-in-chief.

(f) Upon conclusion of the commission's case-in-chief, the respondent may move for a directed finding. The administrative law judge may:

(1) hear arguments on the motion; or

(2) grant, deny, or reserve any decision thereon, with or without argument.

(g) If:

(1) no motion for directed finding is made; or

(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.

(j) The administrative law judge may:

(1) ask questions of the witnesses; and

(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.

(l) 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:

(1) ten (10) days of the conclusion of the hearing; or

(2) such other time period the administrative law judge might order.

Notes

68 IAC 13-2-11

Indiana Gaming Commission; 68 IAC 13-2-11; filed Dec 15, 2008, 11:29 a.m.: 20090114-IR-068080430FRA; errata filed Jan 27, 2009, 1:42 p.m.: 20090211-IR-068080430ACA Readopted filed 10/2/2015, 3:23 p.m.: 20151028-IR-068150249RFA Readopted filed 9/30/2021, 2:07 p.m.: 20211027-IR-068210351RFA