68 IAC 7-1-4 Discovery

Sec. 4. (a) Upon written request served on a party, the requesting party shall be entitled to the following: (1) The name and address of any witness who may be called to testify on behalf of a party. The parties shall be under a continuing duty to update this list. (2) All documents or other materials in the possession or control of a party which the party reasonably expects will be necessary to introduce into evidence. The petitioner's burden of production includes those documents the petitioner reasonably expects to introduce into evidence either in the petitioner's case-in-chief or rebuttal. Rebuttal documents, to the extent that they are not immediately identifiable, shall be tendered to the respondent within two (2) weeks after receipt of documents tendered to petitioner by respondent unless additional time is granted by the hearing officer. (b) Discovery may be obtained in accordance with rule 28(F) of the Indiana Rules of Trial Procedure. Witnesses and documents responsive to a proper request for production that were not produced shall be excluded from the hearing and additional sanctions or penalties may be imposed. (c) The parties shall make every effort to resolve disputes regarding discovery. Disputes that are unresolved may be brought to the hearing officer for resolution via: (1) a motion to compel; (2) motion for protective order; or (3) other appropriate motion; under the Indiana Rules of Trial Procedure. The disputed discovery is stayed during the pendency of such motion unless the hearing officer orders discovery to continue. Discovery shall be stayed for a period of not more than ten (10) days. The hearing officer may extend the time during which discovery is stayed upon a showing of good cause. The filing of such a motion shall not extend the time to complete discovery, nor provide cause for a continuance of the hearing on the merits, unless the hearing officer orders an extension or continuance.