315 Ind. Admin. Code 1-3-4

Current through October 31, 2024

Section 315 IAC 1-3-4 - Form of pleadings and documents

Authority: IC 4-21.5-2-1; IC 4-21.5-3-35; IC 4-21.5-7-7

Affected: IC 4-21.5-3; IC 13

Sec. 4.

(a) The form of pleadings and documents shall be as follows:

(1) The petition for administrative review shall be in the form prescribed by section 2 of this rule.

(2) The first page of every pleading, letter, or other document filed thereafter shall contain a caption identifying the:

(A) action;

(B) the case number; that has been assigned by the office.

(3) The original of any pleading, letter, or other document, excepting exhibits, shall be signed by the party filing or by the party's counsel. The signature constitutes a representation by the signer that:

(A) the signer has read the pleadings, letter, or other document;

(B) to the best of the signer's knowledge, information, and belief, the statements made therein are true; and

(C) it is not interposed for delay.

(4) Attachments to pleadings, including, but not limited to, the permit, may be submitted electronically as follows:

(A) In a compatible format to the office.

(B) To the other parties only with their consent.

(b) Any changes in name, mailing address, or telephone number occurring during the course of a proceeding shall be communicated promptly in writing to the presiding ELJ and all parties to the proceeding. Service of orders or correspondence from the office shall be made to the last known address on file.

(c) Nothing in this section shall be construed to modify the time in which a party is otherwise required to file under:

(1) IC 4-21.5;

(2) IC 13; or

(3) this article.

(d) A brief, excluding attachments, filed in support of any motion shall not exceed thirty (30) pages in length unless the presiding ELJ has granted leave to file an oversized brief. A motion requesting leave to file an oversized brief shall be filed at least seven (7) days before the brief is due.

315 IAC 1-3-4

Office of Environmental Adjudication; 315 IAC 1-3-4; filed Jun 2, 1998, 3:47 p.m.: 21 IR 3734; readopted filed Aug 11, 2004, 12:04 p.m.: 28 IR 323; filed Sep 16, 2005, 1:40 p.m.: 29 IR 472; readopted filed May 18, 2010, 1:45 p.m.: 20100602-IR-315100174RFA; filed Feb 24, 2011, 2:03 p.m.: 20110323-IR-315100482FRA

Readopted filed 4/25/2016, 2:08 p.m.: 20160518-IR-315160051RFA

Readopted filed 7/19/2022, 2:01 p.m.: 20220817-IR-315220160RFA