910 Ind. Admin. Code 1-7-3

Current through September 4, 2024

Section 910 IAC 1-7-3 - Joinder of parties; indispensable parties

Authority: IC 22-9-1-6

Affected: IC 22-9-1-6

Sec. 3.

(a) A person who is subject to service or process shall be joined as a party before the commission if:

(1) in such person's absence, complete relief cannot be accorded among those already parties; or

(2) such person claims an interest relating to the subject of the action and is so situated that the disposition of the action in his or her absence may:

(A) as a practical matter, impair or impede his or her ability to protect that interest; or

(B) leave any of the persons already parties subject to substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of such absent person's claimed interest.

If such a person has not been so joined, the presiding officer shall order that he or she be made a party. If, in accordance with the foregoing, a person should join as a complainant, but refuses to do so, such person may be made a respondent.

(b) Notwithstanding subsection (a), when a person described in clause (A) [sic.] is not made a party, the presiding officer may treat the absent person as not indispensable and allow the action to proceed without such absent person, or the presiding officer may treat such absent person as indispensable and dismiss the action if such person is not subject to process. In determining whether or not a person is indispensable, the presiding officer shall consider the following factors:

(1) The extent to which a judgment rendered in the person's absence might be prejudicial to him or her or to those already parties.

(2) The extent to which, by protective provisions in the final order, by the shaping of relief, or by other measures the prejudice can be lessened or avoided.

(3) Whether a final order rendered in the person's absence will be adequate.

(4) Whether the complainants will have an adequate remedy if the complaint is dismissed for nonjoinder.

910 IAC 1-7-3

Civil Rights Commission; Rule 7, Sec 7.3; filed Mar 29, 1974, 4:16 p.m.: Rules and Regs. 1975, p. 209; filed Feb 7, 2000, 3:15 p.m.: 23 IR 1395; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA

Readopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA