in-20260812-IR-910260270FNA: INDIANA CIVIL RIGHTS LAW

TITLE 910 CIVIL RIGHTS COMMISSION Notice of First Public Comment Period LSA Document #26-270 INDIANA CIVIL RIGHTS LAW PURPOSE OF NOTICE The Civil Rights Commission (CRC) is soliciting public comment on adding, amending, and repealing rules at 910 IAC 1 concerning the Indiana Civil Rights Law. ADDITIONAL DOCUMENTS Regulatory Analysis: 20260812-IR-910260270RAA Notice of Public Hearing: 20260812-IR-910260270PHA CITATIONS AFFECTED: 910 IAC 1 AUTHORITY: IC 22-9-1-6 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. 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 rules, 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 rule, Regulatory Analysis, and materials incorporated by reference 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 RULE Sec. 1. The definitions in this rule apply throughout this article unless otherwise indicated. Any term used in this rule that is defined in the Indiana Civil Rights Law shall be given IC 22-9 has the meaning provided under the Indiana Civil Rights Law in the statute unless otherwise indicated. Sec. 2. "Administrative law judge" means; Sec. 3. "Administrative Orders and Procedures Act" means IC 4-21.5-1 IC 4-21.5 as amended from time to time. Sec. 4. "Chair" means the person commissioner elected chair of the commission in accordance with the provisions of the Indiana Civil Rights Law IC 22-9-1. Sec. 5. "Commission" means the Indiana civil rights commission established under IC 22-9-1-4. Sec. 6. "Commissioner" means an individual appointed as a commissioner pursuant to the Indiana Civil Rights Law IC 22-9-1-4. Sec. 7. "Day" means a calendar day unless the context clearly requires otherwise. provided, however, that when any period in which action must be taken under this article expires on a Saturday, Sunday, national or state holiday, or a day upon which the commission is closed for business, such period shall be extended to the next business day, provided further, that all periods of notice or time for taking action prescribed by this article or the Indiana Civil Rights Law shall be calculated by excluding the day from which the period begins to run and including the day on which the notice is effective or the action must be taken. Sec. 7.5. "Deputy director" means the deputy director of the commission, designated by the director to conduct and fulfill the deputy director duties prescribed under IC 22-9 and this rule. Sec. 8. "Finding of no probable cause" means a written finding issued by the director, deputy director, or commission that probable cause does not exist to believe that an unlawful discriminatory practice occurred. Sec. 9. "Finding of probable cause" means a written finding issued by the director, deputy director, or commission that probable cause exists to believe that a discriminatory practice occurred. Sec. 10. "Indiana Civil Rights Law" means IC 22-9-1, IC 22-9-5, IC 22-9-6, and IC 22-9-8, and IC 22-9-10 as amended from time to time. Sec. 11. "Order by default" means an order issued by the commission, after proper notice, against a respondent that has failed to answer a complaint within the prescribed time, provided by the Indiana Civil Rights Law or this article, against a party that has failed to appear at a public hearing, or against a party that has otherwise failed to comply with the Indiana Civil Rights Law or this article. An order by default shall must have the same scope and effect as a final order issued by the commission or a presiding officer subsequent to a public hearing. Sec. 12. "Party" means a complainant, a respondent, an intervenor, or, where appropriate, the director or deputy director of the commission, acting in his or her their official capacity. Sec. 13. "Presiding officer" means the administrative law judge or, if more than one (1) administrative law judge has been appointed for a given complaint, it means that administrative law judge selected by the chair or the vice chair assigned to preside over a public hearing and shall rule on all prehearing motions and petitions. In those instances where a presiding officer has not been appointed assigned, the chair or the vice chair shall perform all the duties of the presiding officer until such time as a presiding officer is duly appointed assigned. Sec. 14. "Probable cause" means such an apparent state of facts established by personal knowledge or by information from others reasonably accepted as true, as would lead a person of normal intelligence and prudence to believe that an unlawful discriminatory practice has occurred. Sec. 15. "Respondent" means any person, as defined in IC 22-9-1-3(a), against whom a complaint has been filed. Sec. 16. "Vice chair" means the person elected commissioner-elected vice chair of the commission in accordance with the provisions of the Indiana Civil Rights Law IC 22-9-1. Sec. 3. (a) Any A person claiming to be aggrieved by a discriminatory practice or act contrary to the provisions of the Indiana Civil Rights Law may make, sign, and file a complaint with the commission. (b) The director or deputy director, in his or her their official capacity, may initiate a complaint when he or she has they have reason to believe that an act of discrimination has been committed against a person or a class of people in order to vindicate the policy of the state, as defined in the Indiana Civil Rights Law. (c) Where a complaint is filed in accordance with this article, and the director or deputy director, in the course of the investigation, determines that relief for more than the individual complainant is appropriate, he or she the director of deputy dicrector, in his or her their official capacity, may file a separate complaint with respect to the acts of discrimination against such the other individuals. Such These separate complaint complaints may be consolidated with the original or amended complaint for purposes of all subsequent proceedings, or may be docketed separately at the discretion of the director or deputy director. Sec. 4. (a) A complaint deferred to the commission by the United States Equal Employment Opportunity Commission (EEOC) or by the United States Department of Housing and Urban Development (HUD), pursuant to federal civil rights laws, shall be is deemed filed with the commission as of the date it was received by EEOC or HUD, provided the complaint conforms to the requirements of the Indiana Civil Rights Law. (b) A complaint filed with a local commission, office, or agency created by the authority of the Indiana Civil Rights Law, shall be is deemed a complaint filed with the commission as of the date it was received by the local commission, office, or agency, provided the complaint conforms to the requirements of the Indiana Civil Rights Law. (c) The director or deputy director may issue a finding adopting the result reached by EEOC or HUD concerning a complaint that has been filed with one (1) of those federal agencies and with the commission, provided that there is no substantial difference between state and federal law as such those laws pertain to the facts at issue in the complaint. A finding of no probable or no reasonable cause issued by the director or deputy director pursuant to this section may be reviewed by the commission pursuant to the same procedures set forth under this article for reviewing findings of no probable cause issued by the director or deputy director in cases investigated by the commission. The only issues subject to review are whether there is a material difference between state and federal law, and whether any such that material difference requires additional investigation or the issuance of a finding different from that issued by EEOC or HUD. Sec. 5. (a) Complaints may be filed with the commission at its Indianapolis office either by personal delivery, or by mail, fax, email, or via the online complaint portal. The commission's staff may provide assistance in drafting and filing a complaint. (b) The complaint shall be is deemed filed as of the date of either of the following: Sec. 6. Withdrawal Of A Complaint. (A) Who May Withdraw. (a) A complaint, or any part thereof, may be withdrawn only upon on written request as hereinafter set forth: from the complainant. (B) Notice Of Withdrawal. (b) All parties shall must be notified of a withdrawal. Sec. 7. (a) A respondent may choose not to file an answer and, in the alternative, may grant relief to a complainant within twenty (20) days after service upon on the respondent of a copy of the complaint. If a complainant accepts the offer of relief and the relief offered is acceptable to the commission as a just resolution of the complaint, such that complaint will be dismissed subject to full performance by the respondent of the terms of the respondent's proposed offer. (b) A respondent may answer by filing an answer to the complaint in accordance with this section. An answer shall state in short and plain terms the defenses to each claim asserted and shall admit or deny the allegations set forth in the complaint. If, in good faith, the respondent intends to deny all the allegations in the complaint, the respondent must do so subject to verification under oath. In lieu of a general denial, the respondent may: If the respondent lacks knowledge or information sufficient to form a belief as to the truth of an allegation, the respondent shall so state and such statement will be considered a denial. If the respondent intends to deny only a part or qualify an allegation, the respondent shall specify so much of it as is true and material and deny the remainder. All denials shall meet the substance of the allegations denied. Allegations in a complaint, except those pertaining to amount of damages, are admitted when not denied in an answer. Indiana Trial Rule 8(B). (c) An answer shall be in writing and signed by the respondent or the respondent's duly authorized representative and shall be filed with the commission within twenty (20) days after service upon the respondent of a copy of the complaint. (d) If a respondent fails to grant immediate relief pursuant to subsection (a) and the respondent fails to file an answer to the complaint within twenty (20) days after service upon such on that respondent of a copy of the complaint, the commission will deem this failure to answer an admission to the truth of the allegations set forth in the complaint and, upon on its own motion or the motion of any party in accordance with this article, the commission may issue an order by default. (e) Any new allegation raised in an answer shall be is deemed denied without the necessity of a reply. (f) Upon application, the chair, vice chair, of the commission, or, if both are unavailable, any commissioner, for good cause shown, may extend the time within which the answer may be filed. Sec. 8. (a) At any time prior to the issuance of the notice of a prehearing conference, a complaint, or any part thereof, may be amended as a matter of a right by the complainant. Otherwise, a complainant may amend the complaint only by leave of the commission, and such the leave shall be given when justice so requires. (b) A respondent may amend his or her their answer as a matter of right at any time prior to the issuance of notice of a prehearing conference. Otherwise, a respondent may amend its answer only by leave of the commission, and such the leave shall be given when justice so requires. (c) Each party shall be served with a copy of each amendment to a pleading. (d) When issues not raised in the pleadings filed by the parties are heard by express or implied consent of the parties, they shall must be treated in all respects as if they had been raised in the pleadings. Such The amendments of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after final order, but failure to so amend shall not affect the adjudication of the hearing. If evidence is objected to at the hearing on the ground that it is not within the issues raised by the pleadings, the presiding officer may allow the pleadings to be amended, and shall do so freely when the presentation of the merits of the action will be served thereby and the objecting party fails to show that the admission of such the evidence would prejudice such that party in maintaining a claim or defense on the merits. The presiding officer may grant a continuance to enable the objecting party to meet such this evidence. Sec. 10. (a) Any person named as A respondent may file a motion in writing within ten (10) days after service of a complaint requesting that the allegations in the complaint be made more definite and certain. Such This motion shall must set forth the deficiencies in the complaint. If a presiding officer: (b) The motion to make more specific shall be is utilized only to clarify the issues sufficiently to enable the moving party to prepare his or her their defense to the allegations raised in the complaint. Sec. 1. (a) Each complaint shall is to be given a case number in sequential order by date of filing with the commission. (b) Each respondent shall be served with a copy of the complaint and a statement of the respondents' procedural rights and obligations. Service shall be deemed sufficient if accomplished by any means by which subpoenas may be served in accordance with this article. Service shall also be is deemed sufficient if made by publication in compliance with IC 4-21.5-3-1. as amended from time to time. (c) The director or deputy director may conduct the investigation of a complaint or assign all or any part thereof to a member of the staff. Sec. 2. (a) If a respondent chooses to defend against a complaint, the director shall initiate a full investigation of such the complaint. Based on the results of the investigation, the director or deputy director shall determine whether probable cause exists. (b) If the director or deputy director issues a finding of probable cause, or if the commission issues a finding of probable cause pursuant to an appeal under subsection (d), notice of such the finding shall must be served on all parties and a presiding officer an administrative law judge shall be appointed under IC 4-21.5-1-2. (c) If the director or deputy director issues a finding of no probable cause, notice of such the finding shall must be served upon on all parties. (d) The director or deputy director shall issue a written finding that determining the complainant did not proceed if the director or deputy director finds that dismissal of the complaint will serve the public interest, and further finds, that, after reasonable effort by the commission's staff: (e) The director or deputy director shall issue a finding of lack of jurisdiction if the commission lacks jurisdiction over: (f) The director or deputy director may issue a finding of administrative dismissal if the director or deputy director finds that dismissal of a complaint will serve the public interest, and further finds: that: (g) A party who is aggrieved by a finding of the director or the deputy director, other than a finding of probable cause or reasonable cause, may file, within fifteen (15) days after receipt of notice of such the finding, a written appeal of such the finding with the commission. Notice of the right to appeal and of the aggrieved party's right to submit additional documentary evidence shall must be contained in the notice of each appealable finding issued by the director or deputy director. (h) The chair shall appoint a commissioner to review and rule on each appeal. The reviewing commissioner shall base his or her their decision on the investigation results submitted by the director or deputy director as supplemented by any other documentary evidence submitted by the parties, including the following: (i) The issuance of the following shall result in the dismissal of a complaint, with prejudice, upon the exhaustion of the administrative appeal process: Sec. 3. Upon written request of a respondent, or upon agreement of all parties, the director or the director's designee may schedule a conciliation conference. If a case is scheduled for a conciliation conference, all parties must attend such the conference and participate in good faith. All settlement discussions made in the course of a conciliation conference scheduled by the director shall must be confidential, and no admissions made against interest during the course of such conciliation conference shall be admissible as evidence in a public hearing held by the commission or in any other legal proceeding. Sec. 5. (a) When the director or deputy director has issued a finding of probable cause or a motion has been filed prior to the issuance of a finding by the director or deputy director, the chair or, if the chair is unavailable, a commissioner, shall appoint an administrative law judge or judges to conduct a public hearing and to rule on all prehearing motions and petitions. When more than one (1) administrative law judge is appointed for a public hearing, the chair shall designate which administrative law judge shall be the presiding officer. The parties shall be notified of such appointment. (b) The presiding officer may: Sec. 1. (a) Any party to the proceeding shall be entitled to conduct discovery upon issuance of a finding of probable cause. When any party has filed a motion prior to the issuance of a finding of probable cause, all parties are entitled to conduct discovery relevant to the issues raised by such motion. At any other time, the parties may conduct discovery only by leave of the presiding officer, or, if a presiding officer has not been appointed, by any commissioner. Discovery shall be conducted pursuant to the rules of procedure governing discovery set forth in the Indiana Rules of Trial Procedure. Upon the request of any party, the presiding officer, or, if no presiding officer has been appointed, any commissioner, shall, or upon a motion may, issue subpoenas and discovery orders, including protective orders, in accordance with the Indiana Rules of Trial Procedure. The presiding officer, or, if a presiding officer has not been appointed, any commissioner, may limit the conduct of discovery as justice requires. Under Rule 28(F) of the Indiana Rules of Procedure, as adopted by the Indiana supreme court, whenever a public hearing is held before a presiding officer under this article, parties are entitled to all discovery provisions of Rules 26 through 37 of the Indiana Rules of Procedure. Nothing contained in this section limits the commission's authority to issue a subpoena at any time. (b) Subpoenas and other discovery orders issued by the presiding officer, a commissioner, or the commission may be enforced in circuit or superior court in the manner set forth in the Administrative Orders and Procedures Act IC 4-21.5. (c) No deposition, request for discovery, or response to a request for discovery under the Indiana Rules of Trial Procedure shall be filed with the commission unless: (d) Subject to Rule 30(e) of the Indiana Rules of Trial Procedure, the original of a deposition shall be: (e) The original of any request for discovery or response thereto shall be maintained by the party originating the request or response until filed with the commission or until the case has been finally resolved and the parties have exhausted all rights to appeal. (f) In the event it is made to appear to the satisfaction of the commission that the original of a deposition or request for discovery or response thereto cannot be filed with the commission when required, the commission may allow use of a copy instead of the original. (g) The filing of any deposition shall constitute publication. Sec. 1. (a) Complaints filed with the commission shall are to be filed as provided in this article. All other pleadings, motions, petitions, requests, and other instruments shall be filed by delivering in person personal delivery during regular business hours, or by mailing the original instrument and three (3) copies thereof to the office of the commission at Indianapolis. All such mail, fax, or email. These instruments shall must be signed by the party on whose behalf they are filed or by such the party's attorney. Where, pursuant to this article, a complainant has elected to have the case in support of the complaint presented by the commission's staff attorney, such the instruments may be signed by the commission's staff attorney on behalf of the complainant. All such instruments shall show the party's address and phone number and the address and phone number of the attorney filing the instrument. (b) All notices, orders, and other documents provided for in this article shall must be served on all parties. If a party is represented in the proceedings by an attorney of record, all the notices, orders, and other documents shall must be served on such the party's attorney. with a copy of such document sent to the party. (c) When a commission staff attorney has appeared for purposes of presenting the case in support of the complaint, all notices, orders, and other documents shall must be served on the commission's staff attorney, with a copy sent to the complainant. Service may be by regular mail, fax, email, or personal delivery unless otherwise ordered. (d) Service shall be is deemed complete upon mailing distribution; however, whenever a party has the right or is required to do some act or take some proceeding within a prescribed period after the service of a notice or other document upon him or her on the party by mail, three (3) days shall must be added to the prescribed period. Proof of mailing of any document shall constitute constitutes prima facie proof of service of such the document. A signed certificate affirming that the signatory placed a document in the mail shall constitute constitutes proof of mailing of such the document for purposes of this article. (e) In all cases in which the commission is the moving party, all the notices provided for in this section shall must be in writing, and shall be given at least five (5) days prior to the event of which notice is given, unless a longer period of notice is prescribed in this article. Every notice shall must set forth a statement of the fact or law involved to advise the person notified of the matters at issue to be heard or determined by the commission, together with the time and place of any hearing or the time before which any action called for or permitted by the notice must be taken. Such This statement may be informal and need not conform to the requirements of a pleading in court. (f) An application to the commission or presiding officer to take any action or to enter any order after the filing of the initial complaint or answer shall must be by motion that, unless made during a hearing, shall: must: Each motion made in writing, or reduced to writing at the on request, of the commission, shall must be filed with the commission or presiding officer, and notice thereof shall be served upon on all parties. Sec. 2. (a) The commission may issue subpoenas on its own motion or upon on request of any party. (b) A subpoena issued by the commission may be served by a sheriff, the sheriff's deputy, a party, or any person. Service of a subpoena upon on a person named in the subpoena shall must be made by delivering a copy thereof to the person named in the subpoena, or an individual acting in a representative capacity for such that person, by: Whenever service is made under subdivision (3) or (4), the person making the service shall also send a copy of the subpoena by first class mail to the last known address of the person being served and this fact shall must be shown upon on the return. (c) Subpoenas issued by the commission shall must be signed by an individual commissioner under the seal of the commission and shall must state the following: (d) A subpoena may command the person named in the subpoena to appear and give testimony at a time and place as specified. (e) A subpoena may command the person named in the subpoena to produce books, papers, documents, or tangible things as designated. (f) The chair, vice chair, or, if both are unavailable, any commissioner, or, if a presiding officer has been appointed pursuant to this article, the presiding officer, upon on a timely motion, may: (g) If any a person named in a subpoena shall fail fails to appear before the commission or presiding officer to answer any question, or to produce any book, record, paper, or other document as commanded by such the subpoena, or shall otherwise disobey such disobeys the subpoena, such that contumacy or refusal shall constitute constitutes a contempt. The commission or presiding officer may apply for a citation of contempt to the circuit or superior court or judge thereof, in the county in which: (h) Nothing in this article shall be construed as making public or requiring the production of records or information made privileged or confidential by law. (i) When a subpoena is served by the sheriff or the sheriff's deputy, his or her their return shall be is proof of service. When served by any other person, service must be shown by affidavit. No fees or costs for the service of a subpoena shall are to be collected or charged as costs except when service is made by the sheriff or the sheriff's deputy. Sec. 1. When a party has: such the party is in default. Upon a showing that a party is in default, the commission or the presiding officer may enter an order by default in accordance with the procedures set forth in the Administrative Orders and Procedures Act IC 4-21.5-3. Sec. 3. Setting Aside Default. Upon application within a reasonable time and upon on good cause shown: the Chairman of the Commission may set aside on an order by default. Sec. 1. (a) Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the person against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by law for commencing the action against the person to be brought in by amendment, such person: (b) With respect to a governmental organization, the requirements of subsection (a) may be satisfied by: An amended pleading or amendment changing a party may relate back to the date of the original pleading if it complies with Indiana Trial Rule 15(C). Sec. 2. (a) The director, or the deputy director, in his or her their official capacity, may intervene as a party in any case following the issuance of a finding of probable cause. The director or deputy director may also intervene as a party in any case in which a motion has been filed prior to the issuance of a cause finding of probable cause or a finding of no probable cause for the limited purpose of addressing or contesting such the prefinding motion. Nothing in this section shall be construed as limiting the right of the director or deputy director to initiate or join any proceeding or case as provided elsewhere in this article. (b) The Administrative Orders and Procedures Act shall govern IC 4-21.5-3-21 governs all petitions for intervention by any person other than the director. or the deputy director. Sec. 3. (a) A person who is subject to service or process shall be joined as a party before the commission if: The joinder of a person or persons needed for just adjudication will be done under Indiana Rules of Trial Procedure 19(A) and (B). 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: Sec. 1. (a) Any person may appear before the commission or presiding officer on his or her their own behalf, or by an attorney admitted to practice and in good standing before the bar of any of the United States or the District of Columbia. (b) A complainant may appear before the commission or presiding officer in person, by an attorney, or by a legal intern pursuing an education in a legal institution and engaged in a program certified by the supreme court of Indiana. In lieu of the options provided in this subsec, the case in support of the complaint may be presented by the commission's staff attorney. In such this case, the commission's staff attorney represents the public interest and does not enter into an attorney-client relationship with a complainant. Even so, communication between the commission's staff attorney and the complainant are protected by attorney-client privileges. In the event the commission's staff attorney presents the case in support of the complaint and the complainant's interest conflicts with the public interest, the commission's attorney is bound to pursue the public interest. (c) In the event a complainant appears in person or by an attorney or a legal intern pursuing an education in a legal institution and engaging in a program certified by the supreme court of Indiana, the commission's staff attorney may present the case in support of the complaint for purposes of furthering the public interest. Sec. 2. It is the policy of the commission to maintain an objective neutral forum equally accessible to all participants in the proceeding before the commission. In order To preserve this policy, hearings shall may be held virtually through an easily accessible online platform or in person, in Indianapolis, unless otherwise ordered by the commission or presiding officer. Sec. 1. (a) In the event that a public hearing is required under this article, the presiding officer may direct the parties, the attorneys for the parties, and, where appropriate, the commission's staff attorney, to appear before him or her for a prehearing conference to consider the following: (b) Unless otherwise ordered by the commission, a prehearing conference may be called at any time after the issuance of a finding of probable cause. (c) Where a party is represented by counsel, at least one (1) attorney planning to take part in the hearing shall appear for such the party and participate in the prehearing conference. Where, pursuant to this article, a complainant has elected to have the case in support of the complaint be presented by the commission's staff attorney, the commission's staff attorney may appear at the prehearing conference on behalf of such the complainant. However, when a party chooses to proceed without counsel before the commission at a final hearing, that party shall appear personally at the prehearing conference. (d) Unless otherwise ordered by the presiding officer, all parties or their attorneys, or both, who are required to participate in the prehearing conference shall meet and confer for a conference of attorneys at least three (3) days prior to the prehearing conference, for the following purposes: (e) Each attorney party shall completely familiarize himself or herself themselves with all aspects of the case in advance of the conference of attorneys and shall be prepared to enter into stipulations with reference to as many facts and issues and exhibits as possible. (f) It shall be is the duty of counsel for the parties to arrange for the conference of attorneys at least ten (10) days in advance of the prehearing conference unless waived by the presiding officer. (g) If, after the conference of the attorneys and before the prehearing conference, counsel a party discovers additional information required to be disclosed at the conference of attorneys, this information shall must immediately be furnished to the opposing counsel party. The original of any such of these disclosures shall must be presented to the presiding officer at the prehearing conference. (h) If, following the prehearing conference or during the hearing, counsel a party discovers additional exhibits or the names of additional witnesses, the same information required to be disclosed at the conference of attorneys shall must immediately be furnished to the opposing counsel party. The original of any disclosures shall must immediately be filed with the commission presiding officer and shall must indicate the date it was furnished to the opposing counsel party. (i) If necessary or advisable, the presiding officer may adjourn the prehearing conference from time to time or may order additional prehearing conferences. (j) The presiding officer shall issue a written order that: Such This order shall control controls the subsequent course of action unless modified thereafter to prevent manifest injustice. At the start of the hearing, after witnesses have been sworn and preliminary motions considered, the presiding officer may read into the record the order regarding the scope of the hearing. Objections to the order may be noted on the record for appeal purposes. Sec. 1. (a) If, pursuant to this article, a hearing is required, the complaint shall must be set for hearing by the presiding officer. or, if no presiding officer has been appointed, by the director or deputy director. Notice thereof shall must be served upon on all parties. (b) All notices of hearing shall must state the date, time, place of hearing, and that parties shall appear, with or without counsel, at the hearing to answer the complaint and submit testimony with respect to the alleged discriminatory practice. All notices shall must advise each party that the failure to appear will result in an adverse order by default. pursuant to this article. (c) A notice of hearing shall must be delivered or mailed no distributed not less than fifteen (15) days prior to the date of the hearing. Sec. 2. Upon application, the chair, vice chair, or, if both are unavailable, presiding officer, or any commissioner, if no presiding officer has been appointed, for good cause shown, may extend the date on which a hearing has been set. If a presiding officer has been appointed pursuant to this article, the presiding officer shall rule on such application. Sec. 1. (a) All parties to the proceeding may appear in person or by counsel, and shall be allowed to present and cross-examine witnesses and to submit evidence. (b) No evidence shall be received at any hearing except upon reasonable opportunity for all parties to be present. Each party shall, unless excused by the presiding officer, be present, in person, at each hearing and may be represented by counsel if he or she they desire. (c) The commission shall conduct its hearings in an informal manner in accordance with the Administrative Orders and Procedures Act IC 4-21.5. (d) The presiding officer may, among other things: (e) The presiding officer may, within his or her their discretion, order the separation of witnesses. (f) The presiding officer may exclude from the hearing room or from further participation in the proceeding, any person, except a party, who engages in improper conduct before the presiding officer. (g) All hearings of the commission under this article shall be are open to the public. (h) The presiding officer may grant a continuance on the motion of either party, for good cause shown. If a continuance is granted, costs incurred on account of the continuance may be assessed against the party moving for the continuance at the discretion of the presiding officer. (i) The presiding officer may at any time order a continuance upon his or her on their own motion if the interests of justice so require. When all parties are present, such the oral notice shall constitute constitutes final notice of such the continued hearing. (j) At any hearing upon on a complaint or upon any matter connected therewith, evidence shall be admissible as to any retaliatory action against any a person because: Such This evidence shall be admissible in the discretion of the presiding officer, whether or not allegations of such the retaliatory acts are contained in the complaint. The presiding officer shall give the respondent such the opportunity to prepare a defense to previously undisclosed allegations of retaliation as justice requires, and for that purpose, the presiding officer may continue such the hearing. Sec. 2. Motion To Reopen Hearing. (A) Reopening Hearings. At any time after a hearing has been closed, but prior to a final determination, the commission or presiding officer may, on its their own motion, or upon on a motion by any party, reopen the proceeding to receive further evidence or argument. Sec. 3. Briefs And Post Hearing Procedure. (A) Who May File. (a) Briefs may be filed by a party, or any interested person, either before or during the course of a public hearing, or within such the time thereafter as the presiding officer shall designate. Failure to file a brief shall in no way prejudice the rights of any party. (B) At The Close Of Hearing. (b) At the close of the public hearing, the presiding officer may order the parties to submit a suggested decision to the commission. A suggested decision shall must include suggested findings of fact, conclusions of law, and the final order by the Commission which that the party desires. Sec. 1. How Construed And Partial Invalidity. (A) Broadly. These regulations (a)This article shall be broadly construed to accomplish the purposes of the Indiana Civil Rights Law and the policies of the commission. (B) Partial Invalidity. (b) If any provision of these rules this article, or the application of a provision to any person or circumstances shall be are held invalid, the remainder of these rules this article, or the application of a rule thereof, to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Sec. 1. (a) Each complainant has the duty to diligently prosecute his or her their case before the commission. Such This duty includes, without limitation, the following obligations: (b) Failure by a complainant to fulfill his or her their duty to diligently prosecute a complaint may result in issuance of a finding that the complainant did not proceed and a dismissal of the complaint with prejudice, in accordance with this article.