Section 105IAC5-1-27. Formal complaints; answers and cross complaints

   (a) Generally─An answer may simultaneously be responsive to a formal complaint and to any amendment or supplement thereof. It shall be drawn so as to fully and completely advise the parties and the commission of the nature of the defense and shall admit or deny specifically and in detail each material allegation of the pleading answered. An answer may include a detailed statement of any counterproposal which a defendant may desire to submit. Unless the issue is such that separate answers are required, answer for all defendants may be filed on their behalf by one defendant in one document, in which event the answer must show clearly the names of all defendants joining therein, and their concurrence.

  (b) Cross complaints─A cross complaint may be filed against other parties to the proceeding alleged to have violated the Staggers Act. Such cross-complaint must be filed by a defendant with its answer.

  (c) Time for filing copies─Unless otherwise directed by the commission, an answer to a complaint shall be filed within 20 days after the day on which the complaint was served. The original and two copies of an answer shall be filed with the commission.

  (d) When issue joined─If any defendant answers or fails to file and serve an answer within the period specified in paragraph (c) [subsection (c)], issue thereby is joined as to such defendant. (Indiana Department of Transportation; 105 IAC 5-1-27; filed May 18, 1983, 2:18 p.m.: 6 IR 1212; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA) NOTE: Transferred from Department of Transportation (100 IAC 6-1-27) to Indiana Department of Transportation (105 IAC 5-1-27) by P.L.112-1989, SECTION 5, effective July 1, 1989.