646 IAC 5-10-11 Conduct of hearings before the review board

Sec. 11. (a) Unless otherwise directed by the review board, all hearings before the review board shall be conducted by telephone in the office of the review board in Indianapolis, Indiana. (b) Each hearing before the review board shall be confined to the evidence submitted before the administrative law judge unless it is an original hearing. Provided, however, the review board may hear or procure additional evidence upon its own motion, or upon written application of either party, and for good cause shown, together with a showing of good reason why the additional evidence was not procured and introduced at the hearing before the administrative law judge. (c) An application for leave to introduce additional evidence made by either party shall set forth the: (1) names of the witnesses whose testimony will be offered; and (2) facts to which they are expected to testify. If the new evidence is documentary, then a copy of the document proposed to be introduced shall accompany the application. The application, if made by the appellant, must be presented at the time the request for hearing is filed. (d) No additional evidence shall be admitted except after notice is issued by the review board to all parties to the appeal giving each party an opportunity to rebut the additional evidence. The notice shall: (1) designate the time and place at which additional evidence will be received; (2) set forth the names of the witnesses whose testimony will be heard, together with a summary of the facts about which they are expected to testify; and (3) include a copy of any document offered as additional evidence. It is further provided, however, that if all parties to an appeal are present at a hearing at which the review board upon its own motion determines to take additional evidence and the parties voluntarily waive their right of notice of the taking of additional evidence, the review board in its own discretion may proceed in the taking of additional evidence. (e) The review board may remand any proceeding to an administrative law judge for the hearing of additional evidence under the same conditions and after like notice as is provided for the hearing of additional evidence by the review board. (f) In the hearing of an appeal, the review board may limit the parties to oral argument or the filing of written argument, or both. After notice to all parties, any party to any proceeding in which additional evidence is taken may present material evidence relative to the question upon which the review board has authorized or directed the taking of additional evidence, and evidence in rebuttal also may be introduced. (g) The review board may order that any claim before an administrative law judge be removed to the review board for consideration. A claim so removed shall be presented, heard, and decided by the review board in the manner prescribed for the hearing of claims before an administrative law judge.