52 IAC 4-8-1 Evidence exchange rule

Sec. 1. (a) To promote settlement and prevent unfair surprise, the parties shall exchange evidence as provided in this section. (b) A party to the appeal must provide to all other parties and file with the board the following: (1) Copies of documentary evidence at least five (5) business days before the hearing. (2) A list of witnesses and exhibits to be introduced at the hearing at least fifteen (15) business days before the hearing. (c) Service under this section shall comply with 52 IAC 4-4. In order to ensure due process and to avoid a continuance, materials served by United States mail should be post-marked three (3) days before the deadline. (d) The board may waive the deadlines under subsection (b) for any materials that had been: (1) previously tendered to the party; or (2) made part of the record at a PTABOA hearing, a department hearing, or other proceeding from which the appeal arises. (e) Materials exchanged under this section will become part of the administrative record, but the board will consider those materials only if offered into evidence by a party and admitted into evidence by the board or administrative law judge. (f) Failure to comply with subsection (b) may serve as grounds to exclude the evidence or testimony at issue. (g) This section does not apply to petitions on the small claims docket. (h) All materials submitted to the board as evidence must be individually labelled for identification (e.g., Exhibit A, Exhibit 1, etc.).