68 IAC 13-2-9 - Settlement offers

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

Affected: IC 4-33; IC 4-35

Sec. 9.

(a) The parties may propose settlement offers to the administrative law judge, the commission, or the executive director at any stage of the proceedings where time, the nature of the proceeding, and public interest permit. Settlement offers may be made at any time prior to the entry of a final order, including prior to the initiation of the proceedings. The administrative law judge, the commission, or the executive director may require that any of the parties to the offer make an oral or written presentation to the administrative law judge, the commission, or the executive director regarding the settlement offer.

(b) Settlement agreements must meet the following requirements:

(1) Be in writing.

(2) Be signed by the parties to the settlement offer.

(3) Be consistent with the provisions and objectives of the law.

(4) Accurately reflect all the terms of the settlement.

(5) Be served on the commission at the commission's office in Indianapolis, Indiana, by:

(A) hand delivery;

(B) certified mail; or

(C) overnight mail.

(6) Be accompanied by a proposed order.

(c) If the commission or the executive director rejects a settlement offer, the commission or the executive director must notify the parties in writing, by certified mail or personal delivery, that the settlement offer was rejected. The offer and any documents relating to the offer are not a part of the record.

Notes

68 IAC 13-2-9

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