170 IAC 1-1.1-21.5 Administrative notice

Sec. 21.5. (a) The commission shall take administrative notice of a fact that must be judicially noticed by a court of Indiana. (b) The commission may take administrative notice of a fact on its own or upon a party's motion if the parties are: (1) notified of the specific facts and the source of the facts, including memoranda or data of the commission staff related thereto; (2) provided a copy of the document; and (3) afforded an opportunity, upon timely request, to be heard as to the propriety of taking administrative notice. In the absence of prior notification, the request may be made after administrative notice has been taken. (c) A request by a party for administrative notice of a factual matter that should be included in a party's prefiled testimony shall be made at the same time the related evidence is prefiled. (d) A party requesting administrate notice must submit at the evidentiary hearing a hard copy of the documents to be offered into evidence. (e) Documents administratively noticed by the commission shall become part of the record for the proceeding. (f) The commission and parties may cite to the commission's orders and rules without taking administrative notice of those documents.