in-20260812-IR-910260271FNA: INDIANA FAIR HOUSING ACT

TITLE 910 CIVIL RIGHTS COMMISSION Notice of First Public Comment Period LSA Document #26-271 INDIANA FAIR HOUSING ACT PURPOSE OF NOTICE The Civil Rights Commission (CRC) is soliciting public comment on adding, amending, and repealing rules at 910 IAC 2 concerning the Indiana Fair Housing Act. ADDITIONAL DOCUMENTS Regulatory Analysis: 20260812-IR-910260271RAA Notice of Public Hearing: 20260812-IR-910260271PHA CITATIONS AFFECTED: 910 IAC 2 AUTHORITY: IC 22-9.5-4-2 OVERVIEW Basic Purpose and Background CRC has been given the statutory authority to formulate policies to effectuate the purposes of the Indiana Civil Rights Law and the Indiana Fair Housing Act, and to provide rights and remedies equivalent to the federal Fair Housing Act. For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. REQUEST FOR PUBLIC COMMENT CRC is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time-stamped not later than September 11, 2026. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Civil Rights Commission, 100 North Senate Avenue, Room N300, Indianapolis, Indiana and are available for public inspection. Copies of the proposed amended rules, Regulatory Analysis, and appendices references in the Regulatory Analysis are available at the Civil Rights Commission office. If CRC does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice. PROPOSED RULES 910 IAC 2-1-1 Scope Sec. 1. (a) It is the policy of the ICRC commission to provide for fair housing throughout the state of Indiana. No person shall be subjected to discrimination because of race, color, religion, sex, handicap, familial status, or national origin in the sale, rental, or advertising of a dwelling, in the provision of brokerage services, or in the availability of a residential real estate related transaction. (b) This article provides the ICRC's commission's interpretation of the coverage and application of IC 22-9.5 regarding discrimination related to the sale or rental of a dwelling, the provision of services in connection therewith, and the availability of a residential real estate related transaction. 910 IAC 2-1-2 Definitions Sec. 2. The following definitions apply throughout this article: Sec. 1. (a) This rule provides ICRC's the commission's interpretation of conduct that is unlawful housing discrimination under IC 22-9.5-5. (b) It shall be unlawful to do the following: (c) The application of IC 22-9.5 with respect to any person with a handicap is discussed in 910 IAC 2-3. (b) The commission considers all conduct and practices deemed unlawful housing discrimination under 24 CFR 100.50(b), and further explained within 24 CFR 100.60, 24 CFR 100.65, 24 CFR 100.70, 24 CFR 100.75, 24 CFR 100.80, 24 CFR 100.85, 24 CFR 100.90, 24 CFR 100.110, 24 CFR 100.115, 24 CFR 100.120, 24 CFR 100.125, 24 CFR 100.130, and 24 CFR 100.135*to be unlawful housing discrimination under IC 22-9.5-5. *All references in this article to a provision of the Code of Federal Regulations mean the provisions as in effect on February 23, 2026. These provisions are incorporated by reference. Copies may be obtained from the U.S. Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Civil Rights Commission, Indiana Government Center North, 100 North Senate Avenue, Room N300, Indianapolis, IN 46204. 910 IAC 2-3-2 Definitions and references Sec. 2. The following definitions apply throughout this rule: The commission adopts, incorporates, and applies the definitions and references found in 24 CFR 100.201 and 24 CFR 100.201(a) throughout this rule. Sec. 3. (a) It shall be unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of: The commission considers all conduct and practices deemed unlawful housing discrimination because of handicap under 24 CFR 100.202 to be unlawful housing discrimination under IC 22-9.5-5. (b) It shall be unlawful to discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of: (c) It shall be unlawful to make an inquiry to determine whether an applicant for a dwelling (a person intending to reside in the dwelling after it is so sold, rented, or made available or any person associated with such person) has a handicap or to make an inquiry as to the nature or severity of a handicap of such person. However, this subsection does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have handicaps: (d) Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others. 910 IAC 2-3-4 Reasonable modifications of existing premises Sec. 4. (a) It shall be unlawful for any person to refuse to permit, at the expense of a handicapped person, reasonable modifications of existing premises, occupied or to be occupied by a handicapped person, if the proposed modifications may be necessary to afford the handicapped person full enjoyment of the premises of a dwelling. In the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. The landlord may not increase for handicapped persons any customarily required security deposit. However, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for restoration at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of restoration. The interest in any such account shall accrue to the benefit of the tenant. The commission considers all conduct and practices deemed unlawful housing discrimination related to reasonable modification requests under 24 CFR 100.203 to be unlawful housing discrimination under IC 22-9.5-5. (b) A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained. (c) The application of subsection (a) may be illustrated by the following examples: 910 IAC 2-3-5 Reasonable accommodations Sec. 5. (a) It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas. The commission considers all conduct and practices deemed unlawful housing discrimination related to reasonable accommodation requests under 24 CFR 100.204 to be unlawful housing discrimination under IC 22-9.5-5. (b) The application of subsection (a) may be illustrated by the following examples: 910 IAC 2-3-6 Design and construction requirements Sec. 6. (a) Covered multiple-family dwellings for first occupancy after March 13, 1991, shall be designed and constructed to have at least one (1) building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this section, a covered multiple-family dwelling shall be deemed to be designed and constructed for the first occupancy on or before March 13, 1991, if: The commission considers all design and construction requirements identified under 24 CFR 100.205 to likewise be requirements under IC 22-9.5. The burden of establishing impracticality because of terrain or unusual site characteristics is on the person or persons who designed or constructed the housing facility. (b) The application of subsection (a) may be illustrated by the following examples: (c) All covered multiple-family dwellings for first occupancy after March 13, 1991, with a building entrance on an accessible route shall be designed and constructed in such a manner that: (d) The application of subsection (c) may be illustrated by the following examples: (e) Compliance with the appropriate requirements of ANSI A117.1 suffices to satisfy the requirements of section 3 of this rule. (f) Compliance with a duly enacted law of a state or units of general local government that includes the requirements of subsection (e) and section 3 of this rule satisfies the requirements of section 3 of this rule. (g) It is the policy of the ICRC to encourage units of general local government to include, in their existing procedures for the review and approval of newly constructed covered multiple-family dwellings, determinations as to whether the design and construction of such dwellings are consistent with the following: (h) This section does not invalidate or limit any law of the state or political subdivision of the state that requires a dwelling to be designed and constructed in a manner that affords a handicapped person greater access than is required by this section. 910 IAC 2-4-1.1 Incorporation of federal rules Sec. 1. The commission incorporates and adopts the federal rules and regulations identified under 24 CFR 100.301 through 24 CFR 100.308 to govern housing for older persons under IC 22-9.5. 910 IAC 2-5-1 Prohibitions Sec. 1. (a) This rule provides the ICRC's interpretation of conduct that is unlawful under IC 22-9.5-5-8. The commission considers all conduct and practices prohibited and therefore deemed unlawful housing discrimination under 24 CFR 100.400 to be unlawful housing discrimination under IC 22-9.5-5-8. (b) It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this rule. (c) Conduct made unlawful under this rule includes, but is not limited to, the following: 910 IAC 2-5.1-1 Prohibitions Sec. 1. The commission considers all conduct and practices prohibited and therefore deemed unlawful housing discrimination under 24 CFR 100.500 to be unlawful housing discrimination under IC 22-9.5-5. Sec. 1. The commission considers all conduct and practices prohibited and therefore deemed unlawful housing discrimination under 24 CFR 100.600 to be unlawful housing discrimination under IC 22-9.5-5-8. 910 IAC 2-6-1 Purpose; applicability Sec. 1. (a) This rule contains the procedures established by the ICRC commission for the investigation and conciliation of a complaint under IC 22-9.5-6. (b) This rule applies to the following: (c) 910 IAC 2-7 governs the administrative proceedings before an administrative law judge adjudicating charges issued under section 6(b) of this rule. 910 IAC 2-6-2 Complaints Sec. 2. (a) The ICRC commission shall receive information concerning an alleged discriminatory housing practice from any person. Where the information constitutes a complaint within the meaning of IC 22-9.5 and this section and is furnished by an aggrieved person, it shall be is considered to be filed under IC 22-9.5. Where additional information is required for purposes of perfecting a complaint under subsection (f), the ICRC commission will advise what additional information is needed and will provide appropriate assistance in filing the complaint. The information may also be made available to any other federal or local agency having an interest in the matter. In making available such that information, steps will be taken to protect the confidentiality of any informant or complainant, where desired by the informant or complainant and where permitted by state law. (b) Any aggrieved person or the ICRC commission may file a complaint no not later than one (1) year after an alleged discriminatory housing practice has occurred or terminated. The complaint may be filed with the assistance of an authorized representative of an aggrieved person, including any organization acting on behalf of an aggrieved person. (c) A complaint may be filed against the following: (d) A complaint may be filed as follows: (e) The form and content of a complaint shall must be as follows: (f) Requirements for the date of filing a complaint shall must be as follows: (g) A complaint may be reasonably and fairly amended at any time. Such an amendment may include, but is not limited to, an amendment to cure a technical defect or omission, including failure to: Except for purposes of notifying a respondent under subsection (a), an amended complaint shall be is considered to be made as of the original filing date. (h) Upon filing a complaint, the ICRC commission shall notify by email, or by certified mail or personal service if a valid email has not been provided, each aggrieved person on whose behalf the complaint was filed. The notice shall must contain the following: (i) Within ten (10) twenty (20) days of filing a complaint under subsection (f) or filing an amended complaint under subsection (g), the ICRC commission will serve a notice on each respondent by certified mail or by personal service. A person who that is not named as a respondent in a complaint, but who is identified in the course of the investigation under section 4 of this rule as a person who is alleged to be engaged, to have engaged, or to be about to engage in the discriminatory housing practice upon which that the complaint is based on may be joined as an additional or substitute respondent by service of a notice on the person under this subsection within ten (10) days of the identification. The notice shall must include the following: (j) The following are requirements concerning an answer to a complaint: 910 IAC 2-6-3 Referral of complaints to federal and local agencies Sec. 3. (a) Requirements for notification and referral to substantially equivalent local agencies shall must be as follows: (b) After a complaint is referred under this rule, the ICRC commission will take no further action with respect to the complaint, except as provided in subsection (c). (c) The ICRC commission may reactivate a complaint referred under subsection (a) for processing by the ICRC commission if any of the following occur: (d) Requirements for notification upon reactivation shall must be as follows: 910 IAC 2-6-4 Investigation procedures Sec. 4. (a) Upon filing a complaint under section 2 of this rule, the ICRC commission will initiate an investigation. The purposes of an investigation are as follows: (b) Upon On the written direction of the director, the ICRC commission may initiate an investigation of housing practices to determine whether a complaint should be filed under section 2 of this rule. Such an This investigation will be conducted in accordance with the procedures described under this section. (c) Where the director determines: that: the director may identify the complaint for systemic processing. This determination can be based on the face of the complaint or on information gathered in connection with an investigation. Systemic investigations may focus not only on documenting facts involved in the alleged discriminatory housing practice that is the subject of the complaint, but also on reviewing other policies and procedures related to matters under investigation to make sure that ensure they also comply with the nondiscrimination requirements of IC 22-9.5. (d) In conducting an investigation under this section, the ICRC commission will seek the voluntary cooperation of all persons to obtain access to premises, records, documents, individuals, and other possible sources of information: The ICRC commission may conduct discovery in aid of the investigation by the same methods and to the same extent that parties may conduct discovery in an administrative proceeding under 910 IAC 2-7, except that the ICRC commission shall have the power to issue subpoenas described in 910 IAC 2-7-6(a) in support of the investigation. An administrative law judge The commission chair, upon motion sufficiently supported and due to exceptional circumstances, may grant to any a party the use of any discovery provision under 910 IAC 2-7 at any time after the filing of a complaint. (e) The ICRC commission, in processing complaints, may seek the cooperation and utilize the services of federal or substantially equivalent local agencies, including any substantially equivalent local agency having regulatory or supervisory authority over financial institutions. (f) The investigation shall must remain open until the reasonable cause determination is made under section 6(a) of this rule, or a conciliation agreement is executed and approved under section 5(b) of this rule. Unless it is impracticable to do so, the ICRC shall complete the investigation of the alleged discriminatory housing practice within one hundred (100) days of filing the complaint (or where the ICRC reactivates the complaint, within one hundred (100) days after service of the notice of reactivation under section 3(d) of this rule). If the ICRC is unable to complete the investigation within the one hundred (100) day period, the ICRC shall notify the aggrieved person and the respondent, by certified mail or personal service, of the reasons for the delay. (g) At the end of each investigation under this section, the ICRC shall prepare a final investigative report. The investigative report shall contain the following: A final investigative report may be amended at any time if additional evidence is discovered. (h) (g) Notwithstanding the prohibitions and requirements with respect to disclosure of information contained in section 5(j) of this rule, the ICRC commission will make information derived from an investigation, including the final investigative report, available to the aggrieved person and the respondent on request. Following the completion of investigation, the ICRC commission shall notify the aggrieved person and the respondent that the final investigation report is complete and will be provided upon on request. 910 IAC 2-6-5 Conciliation Sec. 5. (a) During the period beginning with filing the complaint and ending with filing a charge or dismissal of the complaint, the ICRC commission will, to the extent feasible, attempt to conciliate the complaint. (b) In conciliating a complaint, ICRC the commission will attempt to achieve a just resolution of the complaint and to obtain assurances that the respondent will satisfactorily remedy any violations of the rights of the aggrieved person, and take such action as will assure the elimination of discriminatory housing practices, or the prevention of their occurrence, in the future. (c) Generally, officers, employees, and agents of the ICRC commission engaged in the investigation of a complaint under this rule will not participate or advise in the conciliation of the same complaint or in any factually related complaint. Where the rights of the aggrieved party and the respondent can be protected, and the prohibitions with respect to the disclosure of information can be observed, the investigator may suspend fact-finding and engage in efforts to resolve the complaint by conciliation. (d) The terms of a settlement of a complaint will be reduced to a written conciliation agreement. The conciliation agreement shall must seek to protect the interests of the aggrieved person, other persons similarly situated, and the public interest. The types of relief that may be sought for the aggrieved person are described in subsection (f). The provisions that may be sought for the vindication of the public interest are described in subsection (g). (e) The agreement must be executed by the respondent and complainant. The agreement is subject to approval by the ICRC who commission, which will indicate approval by signing the agreement. The ICRC commission will approve an agreement and, if the ICRC commission is the complainant, will execute the agreement only if: The director may issue a charge under section 6(g) 6(e) of this rule if the aggrieved person and the respondent have executed a conciliation agreement that has not been approved by the ICRC commission. (f) Any of the following types of relief may be sought for aggrieved persons in conciliation: The conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Arbitration may award appropriate relief as described in this subsection. The aggrieved person and the respondent may, in the conciliation agreement, limit the types of relief that may be awarded under binding arbitration. (g) The following are types of provisions that may be sought for vindication of public interest: (h) The ICRC commission may terminate efforts to conciliate the complaint if: (i) Where the aggrieved person has commenced a civil action seeking relief with respect to the alleged discriminatory housing practice, and the trial in the action has commenced, ICRC the commission will terminate conciliation unless the court specifically requests assistance. from the ICRC. (j) Except as provided in subsection (k), nothing that is said or done in the course of conciliation under this rule may be made public or used as evidence in a subsequent administrative hearing under 910 IAC 2-7 or in a civil action under IC 22-9.5 without the written consent of the persons concerned. (k) The conciliation agreement shall must be made available to the public unless the aggrieved person and respondent request nondisclosure and the ICRC commission determines that disclosure is not required to further the purposes of IC 22-9.5. Notwithstanding a determination that disclosure of a conciliation agreement is not required, the ICRC commission may publish tabulated descriptions of the results of all conciliation efforts. (l) The ICRC commission may, from time to time, review compliance with the terms of any conciliation agreement. Whenever the ICRC commission has reasonable cause to believe that a respondent has breached a conciliation agreement, the ICRC commission may file a civil action under IC 4-21.5-6 for the enforcement of the terms of the conciliation agreement. 910 IAC 2-6-6 Issuance of charge Sec. 6. (a) If a conciliation agreement under section 5(d) and 5(e) of this rule has not been executed by the complainant and the respondent, and approved by the ICRC commission, the director, within the time limits set forth in section 4(f) of this rule, shall determine whether, based on the totality of the factual circumstances known at the time of the decision, reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur. The reasonable cause determination shall be based solely on the facts concerning the alleged discriminatory housing practice provided by the complainant and respondent and otherwise disclosed during the investigation. In making the reasonable cause determination, the director shall consider whether the facts concerning the alleged discriminatory housing practices are sufficient to warrant the initiation of a civil action in state court. (b) If the director or their designee determines that reasonable cause exists, the director shall immediately issue a charge under subsection (g) (e) on behalf of the aggrieved person, and shall notify the aggrieved person and the respondent of this determination by email, or by certified mail or personal service if a valid email has not been provided. (c) If the director or their designee determines that no reasonable cause exists, the director shall do the following: The fact of the dismissal, including the names of the parties, shall be is public information available upon on request. (d) The director may not issue a charge under subsection (b)(1) regarding an alleged discriminatory housing practice if an aggrieved person has commenced a civil action under an act of Congress or a state law seeking relief with respect to the alleged discriminatory housing practice, and the trial in the action has commenced. If a charge may not be issued because of the commencement of such a that trial, the director will so notify the aggrieved person and the respondent by email, or by certified mail or personal service if a valid email has not been provided. (e) The director shall make the reasonable cause determination after the ICRC forwards the matter for consideration. The director shall make a reasonable cause determination within one hundred (100) days after filing the complaint (or where the director has reactivated the complaint, within one hundred (100) days after service of the notice of reactivation under section 3(d) of this rule unless it is impracticable to do so). (f) If the director is unable to make the determination within the one hundred (100) day period specified in subsection (e), the ICRC shall notify the aggrieved person and the respondent, by certified mail or personal service, of the reasons for the delay. (g) (e) Requirements for the issuance of a charge shall must be as follows: (h) The following apply to election of a civil action or provision of an administrative proceeding: 910 IAC 2-7-1 General information Sec. 1. (a) This rule contains the rules of practice and procedure established by the ICRC commission for administrative proceedings before an office of administrative law proceedings (OALP) administrative law judge adjudicating the claims asserted in a complaint issued under 910 IAC 2-6, in accordance with IC 4-21.5, where no eligible party the complainant, the respondent, or an aggrieved party elects to have the claims decided in a civil action under IC 22-9.5-6-12(a). (b) Hearings under this section shall must be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record. (c) The ICRC commission and assigned administrative law judge shall reasonably accommodate persons with disabilities who are participants in the hearing process or interested members of the general public. (d) IC 4-21.5-3-2 applies to time computations. Except for time periods required by statute, the administrative law judge may enlarge or reduce any time period required under this rule where necessary to avoid prejudicing the public interest or the rights of the parties. (e) Copies of all filed documents shall be served on all parties of record. All filed documents shall must clearly designate the docket number, if any, and title of the proceeding. All documents to be filed shall must be delivered or mailed to the Docket Clerk, ICRC, Indiana Government Center-North, 100 North Senate Avenue, Room 103, Indianapolis, Indiana 46204. An original and three (3) copies shall be filed with the docket clerk of the ICRC. submitted to OALP in the manner designated by OALP. (f) Service of documents upon on any party may be made by email, or by personal service or by mailing a copy to the last known address if a valid email has not been provided. When a party is represented by an attorney, service shall must be made upon on the attorney. The person serving the document shall certify to the manner and date of service. (g) The docket clerk OALP shall serve all notices, orders, decisions, and other documents by email, or by mail to the last known address if a valid email has not been provided. 910 IAC 2-7-2 Administrative law judge Sec. 2. (a) Proceedings under this rule shall be are presided over by an administrative law judge appointed under 910 IAC 1-3-5 by the commission or assigned by OALP. (b) The administrative law judge shall have all powers necessary to conduct a fair and impartial hearing, including, but not limited to, the following: 910 IAC 2-7-3 Parties Sec. 3. (a) Parties to the proceeding include the following: (b) Each party may do the following: (c) Briefs of amicus curiae may be permitted at the discretion of the administrative law judge. Such These participants are not parties to the proceeding. (d) Parties may be represented in accordance with IC 4-21.5-3-15. (e) Each attorney or other representative of a party shall file a notice of appearance. The notice must indicate the party on whose behalf the appearance is made. Any An individual acting in a representative capacity may be required by the administrative law judge to demonstrate authority to act in that capacity. (f) An attorney or other representative of a party must file a written notice of intent before withdrawing from participation in the proceeding. 910 IAC 2-7-4 Pleadings and motions Sec. 4. (a) Every pleading, motion, brief, of or other document shall must contain the following: (b) Every pleading, motion, brief, or other document filed by a party shall must be signed by the party, the party's representative, or the attorney representing the party, and must include the signer's address, and telephone number, and email address. The signature constitutes a certification that: (c) The administrative law judge may refuse to consider any motion or other pleading that is not filed in a timely fashion and in compliance with this section. (d) Within three (3) days after the issuance of a charge under 910 IAC 2-6-6(g), 910 IAC 2-6-6(e), the director shall serve copies, with the additional information required under subsection (e), on the respondent and the aggrieved person on whose behalf the complaint was filed. (e) The charge shall must consist of a short and plain written statement of the facts upon which the director or their designee has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur. The following notifications shall must be served with the charge: (f) Within the thirty (30) days after the service of the charge, a respondent contesting material facts alleged in a charge or contending that the respondent is entitled to judgment as a matter of law shall file an answer to the charge. An answer shall must include the following: (g) Upon timely application, any aggrieved person may petition for intervention to participate as a party to the proceeding as provided for in IC 4-21.5-3-21. (h) (g) Requirements for amendments shall must be as follows: (i) (h) The administrative law judge may, upon reasonable notice, permit supplemental pleadings concerning transactions, occurrences, or events that have happened or been discovered since the date of the pleadings and which are relevant to any of the issues involved. (j) (i) Requirements for motions shall must be as follows: 910 IAC 2-7-5 Discovery Sec. 5. Parties to a public hearing before an administrative law judge under this rule are entitled to engage in discovery pursuant to Rule 28(F) of the Indiana Rules of Trial Procedure. as adopted by the Indiana supreme court, whenever a public hearing is held before an administrative law judge pursuant to this rule, parties shall be entitled to all discovery provisions of Rules 26 through 37 of the Indiana Rules of Procedure. 910 IAC 2-7-6 Subpoenas Sec. 6. (a) This section governs the issuance of subpoenas in administrative proceedings under this rule. Except for time periods stated in this article, to the extent that this section conflicts with procedures for the issuance of subpoenas in civil action in the Indiana state courts where the discriminatory housing practice took place, the Indiana Rules of Trial Procedure apply. (b) Upon On the written request of a party, the ICRC commission or the assigned administrative law judge may issue a subpoena requiring the following: (c) A request for a subpoena in aid of discovery must be submitted in time to permit the conclusion of discovery fifteen (15) days before the date scheduled for the hearing. If a request for a subpoena of a witness for testimony at a hearing is submitted three (3) days or less before the hearing, the subpoena shall be issued at the discretion of the administrative law judge. (d) A subpoena may be served by any person who is not a party and is not less than eighteen (18) years of age. Service on a person shall must be made by delivering a copy of the subpoena to the person and by tendering witness fees and mileage to that person, if required. (e) A witness summoned by a subpoena issued under this section is entitled to the same witness and mileage fees as a witness in proceedings in Indiana state courts. Fees payable to a witness summoned by a subpoena shall must be paid by the party requesting the issuance of the subpoena, or, where the administrative law judge determines that a party is unable to cannot pay the fees, the fees shall must be paid by the ICRC commission. (f) Upon a motion by the person served with a subpoena or by a party, made promptly after service of the subpoena, but in any event, not less than the time specified in the subpoena for compliance, the administrative law judge may do either of the following: (g) If a person fails to comply with a subpoena issued under this section, the party requesting the subpoena may enforce the matter in an appropriate proceeding under of IC 4-21.5-6. 910 IAC 2-7-7 Prehearing procedures Sec. 7. (a) Before the commencement of the hearing, the administrative law judge may direct parties to file prehearing statements. (b) The prehearing statement must state the name of the party or parties presenting the statement and, unless otherwise directed by the administrative law judge, briefly set forth the following: (c) Before the commencement or during the course of the hearing, the administrative law judge may direct the parties to participate in a conference to expedite the hearing, in accordance with IC 4-21.5-3-19. (d) The administrative law judge, upon the motion of a party or upon his or her their own motion, may request that another administrative law judge or other qualified mediator conduct settlement negotiations. The This order appointing the settlement judge may confine the scope of settlement negotiations to specified issues. The This order shall must direct the settlement judge or mediator to report to the presiding administrative law judge within specified time periods. (e) The settlement judge or mediator shall do the following: (f) Settlement negotiations shall must terminate upon the order decision of the administrative law judge acting as the settlement judge or mediator. The conduct of settlement negotiations shall not unduly delay the commencement of the hearing. 910 IAC 2-7-8 Hearing procedures Sec. 8. (a) The hearing shall must commence no not later than one hundred twenty (120) one hundred eighty (180) days following the issuance of the charge under 910 IAC 2-6-6(g), 910 IAC 2-6-6(e), unless it is impracticable to do so. If the hearing cannot be commenced within this time period, the administrative law judge shall notify in writing all parties, and the aggrieved persons on whose behalf the charge was filed, and the director of the reasons for the delay. (b) The hearing will be conducted in Indianapolis unless otherwise ordered by the administrative law judge under 910 IAC 1-8-2. (c) The charge issued under 910 IAC 2-6-6(g) 910 IAC 2-6-6(e) will specify the time, date, and place for the hearing. The administrative law judge may change the time, date, or place of the hearing or may temporarily adjourn or continue a hearing for good cause shown. If such a change is made or the hearing is temporarily adjourned, the administrative law judge shall give the parties at least five (5) days notice of the revised time, date, and place for the hearing, unless otherwise agreed by the parties. (d) The hearing shall must be conducted in accordance with IC 4-21.5. (e) If all parties waive their right to appear before the administrative law judge or to present evidence and arguments, it is not necessary for the administrative law judge to conduct an oral hearing. Such These waivers shall must be made in writing and filed with the administrative law judge. Where waivers are submitted by all parties, the administrative law judge shall make a record of the relevant written evidence submitted by the parties and pleadings submitted by the parties with respect to the issues in the proceeding. These documents shall must constitute the evidence in the proceeding, and the decision shall must be based upon on this evidence. Such These hearings shall be are deemed to commence on the first day written evidence may be submitted for the record. (f) IC 4-21.5-3 applies to the presentation of evidence in hearings under this rule. (g) The administrative law judge may limit discovery or the introduction of evidence, or may issue such these protective or other orders necessary to protect privileged communications. If the administrative law judge determines that information in documents containing privileged matters should be made available to a party, the administrative law judge may order a summary or an extract of the nonprivileged matter contained in the original. (h) Requirements for exhibits shall must be as follows: (i) The authenticity of all documents furnished to the parties under section 15 5 of this rule and submitted as proposed exhibits in advance of the hearing shall must be admitted unless a party files a written objection to the exhibit before the commencement of the hearing. Upon a clear showing of good cause for failure to file such a written objection, the administrative law judge may permit the party to challenge the authenticity. (j) The parties may stipulate to any pertinent facts by oral agreement at the hearing or by written agreement at any time. Stipulations may be submitted into evidence at any time before the end of the hearing. When received into evidence, the stipulation is binding on the parties. (k) Requirements for a record of hearing shall must be as follows: (l) Following the submission of evidence at an oral hearing, the administrative law judge may hear oral arguments at the hearing. The administrative law judge may limit the time permitted for such these arguments to avoid unreasonable delay. (m) The administrative law judge may permit the submission of written briefs following the adjournment of the oral hearing. Written briefs shall must be simultaneously filed by all parties, and shall be due not later than thirty (30) days following the adjournment of the oral hearing. (n) Where there is an oral hearing, the hearing ends on the day of the adjournment of the oral hearing or, where written briefs are permitted, on the date that the written briefs are due. (o) Where the parties have waived an oral hearing, the hearing ends on the date set by the administrative law judge as the final date for the receipt of submissions by the parties. (p) Following the end of the hearing, no additional evidence may be accepted into the record, except with the permission of the administrative law judge. The administrative law judge may receive additional evidence upon a determination of the following: However, the administrative law judge shall include in the record any motions for attorney's fees, including supporting documentation, and any approved corrections to the transcripts. 910 IAC 2-7-9 Dismissals and decisions Sec. 9. (a) If the complainant, the respondent, or the aggrieved person on whose behalf a complaint was filed makes a timely election to have the claims asserted in the charge decided in a civil action under IC 22-9.5-6-12, the administrative law judge shall dismiss the administrative proceeding. (b) An administrative law judge may not continue an administrative proceeding under this rule regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person under an act of Congress or a state law seeking relief with respect to that discriminatory housing practice. If such a trial is commenced, the administrative law judge shall dismiss the administrative proceeding. The commencement and maintenance of a civil action for appropriate temporary or preliminary relief under IC 22-9.5-6-6 does not affect administrative proceedings under this rule. upon notice of qualifying circumstances under IC 22-9-1-6(q) or IC 22-9.5-6-14. (c) For proceedings initiated before July 1, 2024, the administrative law judge shall issue an initial decision in accordance with IC 4-21.5-3-27. For proceedings initiated on or after July 1, 2024, the administrative law judge shall issue a final order in accordance with IC 4-21.5-3-28. (d) IC 4-21.5-3-28 and IC 4-21.5-3-29 apply to the ICRC's commission's review of the an initial decision issued by the administrative law judge, objections, and final decisions of the ICRC commission. (e) At any time before the issuance of a final decision, the parties may submit an agreement resolving the charge. The agreement must be signed by the respondent, the aggrieved person upon on whose behalf the charge was issued, and the director if he or she is they are a party or an intervenor. The administrative law judge shall accept the agreement by issuing an initial a decision based on the agreed findings. The submission of an agreement resolving the charge constitutes a waiver of any right to challenge or contest the validity of a decision entered in accordance with the agreement. (f) If the commissioners remand the initial decision for further proceedings, such the remand shall must be conducted in accordance with IC 4-21.5-3-29(g). (g) Following the issuance of the final decision, any prevailing party, except the ICRC commission, may apply for attorney's fees and costs. The administrative law judge shall issue an initial a decision awarding or denying such these fees and costs The initial decision shall become the final decision of the ICRC unless the ICRC reviews the initial decision and issues a final decision on fees and costs within thirty (30) days. in accordance with subsection(c) and IC 4-21.5-3-27.5. The recovery of reasonable attorney's fees and costs will be is permitted as follows: 910 IAC 2-7-10 Judicial review and enforcement of final decision Sec. 10. (a) Any A party adversely affected by a final decision under section 9 of this rule may file a petition in the appropriate state court for review of the decision under IC 22-9.5-11 and IC 4-21.5-5. (b) Following the issuance of a final decision under section 9 of this rule, the ICRC commission may petition the appropriate state court for the enforcement of the final decision in accordance with IC 4-21.5-6. 910 IAC 2-9-1 Fair housing poster Sec. 1. (a) This rule contains procedures established by the ICRC commission with respect to the display of a fair housing poster by persons subject to IC 22-9.5. (b) All persons subject to IC 22-9.5 shall post and maintain a fair housing poster at all their places of business that participate in the covered activities. (c) All fair housing posters shall must be prominently displayed so as to be readily apparent to all persons seeking housing accommodations or seeking to engage in residential real estate related transactions or brokerage services, as contemplated by IC 22-9.5. (d) The fair housing poster shall must be eleven (11) inches by fourteen (14) inches and shall bear the following legend: EQUAL HOUSING OPPORTUNITY We Do Business In Accordance With The Fair Housing Act (The Indiana Civil Rights Law, as amended by the Fair Housing Amendments Act of 1990 and 1992) IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS (HAVING ONE OR MORE CHILDREN), OR NATIONAL ORIGIN Anyone who feels he or she has they have been discriminated against should visit the ICRC complaint portal at www.in.gov/icrc/, or send a complaint to: Documents Incorporated by Reference: 24 CFR 100.50-90, 24 CFR 100.110, 24 CFR 100.120, 24 CFR 100.125, 24 CFR 100.130, 24 CFR 100.135, 24 CFR 100.201, 24 CFR 100.202, 24 CFR 100.203, 24 CFR 100.204, 24 CFR 100.205, 24 CFR 100.301 through 24 CFR 100.308, 24 CFR 100.400, 24 CFR 100.500, 24 CFR 100.600, and 24 CFR Part 115, as in effect February 23, 2026. Small Business Regulatory Coordinator: Scott A. Kreider, Deputy Director and General Counsel, Civil Rights Commission, 200 North Senate Avenue, Room N300, Indianapolis, IN 46204, (317) 467-3427, sckreider@icrc.in.gov