52 IAC 5-8-5
52 IAC 5-8-5 Dismissal for defect in petition; failure to state a claim
Cite as Ind. Admin. Code tit. 52, r. 5-8-5
Sec. 5. (a) The board may issue an order of dismissal if a defective petition:
(1) omits required information or attachments;
(2) appears untimely on its face; or
(3) fails to state a claim on which relief can be granted.
(b) If the board determines, sua sponte, that a petition is defective, the board may:
(1) issue a notice of defect, specifying the nature of the defect; and
(2) return a copy of the appeal petition to the petitioner.
(c) The petitioner shall correct the appeal petition within thirty (30) days from the date a notice of defect is served.
(d) If a petitioner fails to correct an appeal petition, the board may dismiss the petition.