170 IAC 1-1.1-10 Complaints and answers

Sec. 10. (a) In addition to the matters required by sections 8 and 9 of this rule, complaints filed pursuant to IC 8-1-2-54 must also state the name of each respondent and individual or entity, if any, who, under an applicable statute or commission rule, is required to be named in the complaint because of the individual's or entity's interest or possible interest in the subject matter. The complaint must state the address of each respondent, individual, or entity, if known. If the address is unknown, the complaint must state that the parties joining in the complaint have been unable to ascertain the address upon reasonable inquiry. (b) Concurrently with the filing of a complaint with the commission, the complainant shall serve a copy on each named respondent. (c) Answers to a complaint must conform to the following: (1) Answers to complaints must be filed with the commission within twenty (20) days after service of the complaint unless a different time is prescribed by: (A) statute; (B) the commission; or (C) the presiding officer. (2) Answers must be in writing and be drawn as to advise the parties and the commission fully and completely of the nature of the defense. The respondent shall: (A) admit or controvert each material allegation of the complaint; and (B) state clearly and concisely the facts and matters of law relied upon. An allegation contained in a complaint that is not specifically admitted or controverted by an answer is considered denied by the respondent. If the respondent lacks knowledge or information sufficient to form a belief as to the truth of an allegation, the respondent shall so state and the statement shall be considered a denial. Failure to file an answer within the time allowed under this subsection constitutes a general denial thereto. (3) In its answer, a respondent may seek relief against other parties in that proceeding by reason of the presence of common questions of law or fact. The respondent shall set forth in the answer the following: (A) The facts constituting the grounds for the claim. (B) The provisions of the: (i) statutes; (ii) rules; (iii) regulations; or (iv) orders; relied upon. (C) The injury complained of. (D) The relief sought. The answer must, in other respects, conform to the requirements of this rule for answers generally. (4) If the respondent desires affirmative relief, the answer shall also contain the following: (A) A plain and concise statement of the facts that are deemed to necessitate or justify relief. (B) Specific prayers for the relief deemed appropriate. (5) Unless otherwise permitted by a presiding officer, replies to answers seeking affirmative relief must be filed with the commission: (A) not more than ten (10) days after service of the answer; and (B) not less than five (5) days prior to the date set for the commencement of the hearing, if any.