Current through September 18, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 6.5.
(a) An
initial prehearing conference shall be conducted as follows:
(1) If the hearing was requested by the
parent, the prehearing conference shall be conducted as soon as practical after
the time for the resolution meeting but prior to the expiration of the
resolution period and before the start of the hearing timeline.
(2) If the hearing was requested by the
public agency, the prehearing conference shall be conducted no later than
fifteen (15) days after the parent received the hearing request.
(b) The independent hearing
officer shall address the following matters at the initial prehearing
conference:
(1) Resolution of the issues when
the independent hearing officer has received a motion for summary
judgment.
(2) Identification and
clarification of the issues. For each issue identified, the party requesting
the hearing shall provide facts specific to the issue, as well as a proposed
resolution. In the event that additional issues are added by the other party,
that party shall provide facts specific to the additional issues, as well as a
proposed resolution.
(3)
Exploration of settlement possibilities.
(4) Preparation of stipulations by the
parties and deadline for submission of stipulations on evidence to be admitted
at hearing.
(5) Determination of
the number of days for hearing and the limit on the length of time for each
witness to testify.
(6) The order
of presentation of evidence and cross-examination.
(7) Rulings regarding the issuance of
subpoenas, discovery orders, and protective orders.
(8) Such other matters as will promote the
orderly and prompt conduct of the hearing.
(c) The independent hearing officer shall
identify the parties and their representatives, and obtain mailing addresses,
fax numbers, and other contact and service information. If a party is
represented by more than one (1) attorney, that party must designate one (1)
attorney to serve as the lead attorney. Only the calendar of the lead attorney,
and not multiple attorneys, need be consulted for scheduling.
(d) The independent hearing officer shall
advise the parties of their rights as set forth in section 7(d) and (e)
[sic, section 7(d) and 7(e) of this rule].
(e) A party may seek an order compelling
discovery. The independent hearing officer shall not grant the order unless:
(1) the party requesting the discovery order
shows the opposing party failed to respond to an informal request;
(2) the information requested is relevant to
an identified issue; and
(3) the
request is not overly burdensome.
(f) Whenever a prehearing conference is
conducted, the independent hearing officer shall issue a prehearing order
incorporating the matters determined at the prehearing conference.
