Section 511 IAC 7-45-6.5 - Prehearing proceduresAuthority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 6.5.
(a) An initial prehearing conference shall be conducted as follows: (1) If the hearing was requested by the parent, the prehearing conference shall be conducted as soon as practical after the time for the resolution meeting but prior to the expiration of the resolution period and before the start of the hearing timeline.(2) If the hearing was requested by the public agency, the prehearing conference shall be conducted no later than fifteen (15) days after the parent received the hearing request.(b) The independent hearing officer shall address the following matters at the initial prehearing conference: (1) Resolution of the issues when the independent hearing officer has received a motion for summary judgment.(2) Identification and clarification of the issues. For each issue identified, the party requesting the hearing shall provide facts specific to the issue, as well as a proposed resolution. In the event that additional issues are added by the other party, that party shall provide facts specific to the additional issues, as well as a proposed resolution.(3) Exploration of settlement possibilities.(4) Preparation of stipulations by the parties and deadline for submission of stipulations on evidence to be admitted at hearing.(5) Determination of the number of days for hearing and the limit on the length of time for each witness to testify.(6) The order of presentation of evidence and cross-examination.(7) Rulings regarding the issuance of subpoenas, discovery orders, and protective orders.(8) Such other matters as will promote the orderly and prompt conduct of the hearing.(c) The independent hearing officer shall identify the parties and their representatives, and obtain mailing addresses, fax numbers, and other contact and service information. If a party is represented by more than one (1) attorney, that party must designate one (1) attorney to serve as the lead attorney. Only the calendar of the lead attorney, and not multiple attorneys, need be consulted for scheduling.(d) The independent hearing officer shall advise the parties of their rights as set forth in section 7(d) and (e) [sic, section 7(d) and 7(e) of this rule].(e) A party may seek an order compelling discovery. The independent hearing officer shall not grant the order unless: (1) the party requesting the discovery order shows the opposing party failed to respond to an informal request;(2) the information requested is relevant to an identified issue; and(3) the request is not overly burdensome.(f) Whenever a prehearing conference is conducted, the independent hearing officer shall issue a prehearing order incorporating the matters determined at the prehearing conference.Indiana State Board of Education; 511 IAC 7-45-6.5 filed 3/4/2024, 10:02 a.m.: 20240403-IR-511230504FRA