Section 170 IAC 1-1.1-25 - Appeal to the commission of rulings of presiding officerAuthority: IC 8-1-1-3; IC 8-1-2-47
Affected: IC 8-1-1-5; IC 8-1-1.1-5.1; IC 8-1-3
Sec. 25.
(a) A ruling of a presiding officer may be appealed to the commission. The determination of the commission, when made, shall be noted in the record and, if made after the hearing is closed, the commission shall advise the parties of record of the determination.(b) Appeals of a presiding officer's oral ruling during a proceeding of record may be made orally, and must be made immediately following the ruling that is appealed. Unless granted additional time by a presiding officer, appeals of docket entry rulings must be made in writing and served on the parties within six (6) business days following the date of the docket entry.(c) Written appeals to the commission shall be served by the appealing party on the other parties on the same day the appeal is filed with the commission. Any other party wanting to be heard with respect to an appeal to the commission shall file a brief setting forth its position by the fifth day following service of the appeal. The appealing party may file a reply to a response within five (5) days after service of the response. The provisions of section 12 of this rule relating to motions generally do not apply to the extent they are in conflict with this section.(d) Further proceedings in the cause shall be governed according to the commission's determination of the appeal.(e) An appeal to the commission does not stay proceedings unless the presiding officer or the commission, on its own motion, orders a stay to protect the substantive rights of any of the parties.(f) Absent a ruling of the presiding officer being overruled by the commission under this section, rulings of the presiding officer are considered rulings of the commission upon the issuance of a final order in a cause.Indiana Utility Regulatory Commission; 170 IAC 1-1.1-25; filed Oct 30, 2000, 2:10 p.m.: 24 IR 665; readopted filed Apr 6, 2006, 11:00 a.m.: 29 IR 2670; readopted filed Jun 14, 2012, 3:04 p.m.: 20120711-IR-170120199RFAReadopted filed 4/12/2018, 11:21 a.m.: 20180509-IR-170180113RFAFiled 6/10/2020, 7:38 a.m.: 20200708-IR-170190378FRA