Indiana Administrative Code — Title 45 (Dept. of State Revenue)
45 IAC 16-1.5-16
Post hearing relief
Sec. 16. (a)(1) At any time after the record is closed, but before a final order is issued, any party to the proceeding may file a petition to
reopen the proceeding for the purpose of taking additional evidence. A petition to reopen shall set forth clearly the facts claimed to constitute grounds
requiring reopening of the proceeding, including material changes of fact or law alleged to have occurred since the conclusion of the hearing, shall
show that such evidence will not be merely cumulative, and shall be verified or supported by affidavit.
(2) Within ten (10) days following the service of such petition to reopen upon all parties to the proceeding, any other party may file an
answer to the petition.
(3) The presiding officer or the commission, before issuance of the presiding officer's decision and commission approval, and upon notice
to the parties, may reopen the proceeding for the receipt of further evidence if there is reason to believe that conditions of fact or of law have so
changed as to require, or that the public interest requires, the reopening of the proceeding.
(b)(1) Following a final order, any party to a proceeding may file a petition for rehearing and/or reconsideration within twenty (20) days
of the entry of the final order. Such petition shall be concise, stating the specific grounds relied upon, with appropriate record references and specific
requests for the findings or orders desired. If the petition seeks rehearing, it shall set forth the nature and purpose of the evidence to be introduced
at rehearing, shall show that such evidence will not be merely cumulative and shall be verified or supported by affidavit.
(2) Petitions for rehearing and/or reconsideration shall be served upon all parties to the proceeding and the commission.
(3) Replies to such petitions shall be filed and served within ten (10) days after service of the petition.
(4) In response to such a petition, the presiding officer or the commission may reconsider the final order and uphold it without modification
or correct errors by modifying or clarifying it without further hearing based upon the existing record, or may upon notice to the parties reopen the
proceeding for the receipt of further evidence on particular issues.
Amendment history
(Department of State Revenue; 45 IAC 16-1.5-16; filed Oct 21, 1986, 10:37 am: 10 IR 389) NOTE: Transferred from the Indiana Utility Regulatory Commission (170 IAC 1-1.2-16) to the Department of State Revenue (45 IAC 16-1.5-16) by P.L.72-1988, SECTION 12, effective July 1, 1988.
Source: view the official text
Nearby sections (25 sections)
- 16-1.5-4 · Pleadings; general requirements
- 16-1.5-5 · Complaints
- 16-1.5-6 · Answers
- 16-1.5-7 · Petitions
- 16-1.5-8 · Service
- 16-1.5-9 · Subpoenas
- 16-1.5-10 · Discovery
- 16-1.5-11 · Motions
- 16-1.5-12 · Motor carrier protestants
- 16-1.5-13 · Hearing procedure
- 16-1.5-14 · Evidence
- 16-1.5-15 · Post hearing briefs and proposed orders
- 16-1.5-16 · Post hearing relief
- 16-1.5-17 · Dismissal of cases
- 16-1.5-18 · Effect of other rules
- 16-2-1 · Publications must conform to regulations; definitions
- 16-2-2 · Common carrier tariffs; form; filing
- 16-2-3 · Title page of tariff and supplement
- 16-2-4 · Contents
- 16-2-5 · Round-trip excursion fares
- 16-2-6 · Amendment, cancellation or withdrawal of tariffs
- 16-2-7 · Posting of tariffs and supplements
- 16-2-8 · Contract carrier tariffs; form, filing and posting
- 16-2-9 · Contract filed by mutual consent
- 16-2-10 · Express tariffs and schedules; form, filing and posting