Indiana Administrative Code
Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION
Article 1 - PROCEDURAL REQUIREMENTS
Rule 1 - Administrative Adjudication Procedures Related to Aeronautics Programs
Section 1-2 - Pleadings; informal proceedings; content of pleadings; agency action upon filing of deficient pleadings; record of proceeding
Current through September 18, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 4-21.5; IC 8-21-1-8
Sec. 2.
General Requirements as to Papers in Proceedings.
(1) Informal Complaints. Complaints may be made to the Commission informally by letter or other writing and matters so presented may, if their nature warrants, be taken up by correspondence or conference with the person or persons complained of. Any matter not disposed of informally may be made the subject of a formal proceeding.
(2) Conformity to Rules. Any person wishing to institute a proceeding should consult the rules, regulations, and orders of the Commission under the various sections of the Act.
(3) Requirements in Absence of Rules. In case there is no rule, regulation, or order of the Commission which prescribes the contents of the formal application, complaint, or petition in a given case, the application, complaint, or petition should contain a concise but complete statement of the facts relied upon as the bases for the relief or action sought. The names and addresses of the persons, if any, against whom relief or action is sought, should also be set forth in full.
(4) Insufficient Allegations. In any case where the Commission is of the opinion that a formal application, complaint or petition does not sufficiently set forth the material required to be set forth by any applicable rule, regulation, or order of the Commission, or is otherwise insufficient, the Commission may advise the party filing the same of the deficiency and require that any additional information be supplied by amendment.
(5) Answers. Answers to formal complaints, petitions and orders to show cause will not usually be required. In case the Commission deems an answer to be desirable, the parties will be notified.
(6) Retention of Papers by the Commission. When any formal application, complaint, or petition is denied, dismissed or permitted to be withdrawn, in whole or in part, said application, complaint or petition, and all documents filed with the Commission pertaining thereto shall be retained in the files of the Commission. When any proceeding instituted by the Commission is dismissed, terminated or rescinded, all documents filed with the Commission pertaining thereto shall be retained in the files of the Commission; Provided, that this paragraph shall not apply to documents filed with the Commission in any proceeding on the basis of a stipulation that such documents will be returned to the parties so filing when the purpose for which the documents are filed has been served.
Transferred from Department of Transportation ( 100 IAC 1-1-2) to Indiana Department of Transportation ( 105 IAC 1-1-2) by P.L. 112-1989, SECTION 5, effective July 1, 1989.