68 IAC 6-1-13 Penalties

Sec. 13. (a) If the review officer finds that the petitioner has acted in bad faith, for the purpose of delay, or has otherwise abused the review proceeding process, the review officer may recommend denial of the petition on grounds of the abuse alone. (b) If a petitioner fails to testify on his or her own behalf with respect to any question propounded to him or her, the review officer may infer therefrom that such testimony or answer would have been adverse to the petitioner. (c) If the petitioner fails to answer a subpoena or refuses to testify fully at the request of the commission, such failure may be deemed independent grounds to recommend denial of the petition. The review officer may also infer therefrom that such testimony would have been adverse to the petitioner. (d) The unexcused failure of the petitioner to appear at a review constitutes an admission of all matters and facts contained in the notice of placement on the exclusion list. In such case, the review officer may recommend action based upon such admission or upon any other evidence, including affidavits, without any further notice to the petitioner.