Section 45IAC16-1.5-12. Motor carrier protestants

   (a) Any individual or entity opposed to relief sought in any motor carrier case may become a party protestant at the hearing provided he has notified the commission and the applicant or applicant's attorney in writing of his intention to protest the application, at least five (5) days prior to the date of the initial hearing.

  (b) A party who files timely notice of intention to protest in accordance with the provisions of subsection (a) of this section hereof shall be considered a party of record and shall be served with all pleadings, notices or orders thereafter issued or filed in this cause.

  (c) When no protests are filed, the initial hearing shall be summary in nature, and it shall be sufficient for the applicant to present verified testimony or affidavits necessary to meet its burden of proof pursuant to Indiana law.

  (d) When protests have been filed pursuant to subsection (a) of this section, the initial hearing shall be a prehearing conference for the purpose of:

(1) the simplification of issues;

(2) amending the pleading either for the purpose of clarification, amplification or limitation;

(3) making admissions of certain averments of facts or stipulations concerning the use by any party of matters of public record, to the end of avoiding the unnecessary introduction of proof;

(4) determining the procedure at the hearing;

(5) limiting the number of witnesses;

(6) determining the propriety of prior mutual exchange between or among the parties of prepared testimony and exhibits;

(7) discussing such other matters as may aid in the simplification of the evidence and disposition of the proceeding, including but not limited to, matters regarding discovery.

  (e) Action taken at the prehearing conference including a recitation of the amendments allowed to the pleadings, and the agreements made by the parties shall be in writing unless the parties enter upon a written stipulation as to such matters, or agree to a statement thereof to be made on the record by the presiding officer at the hearing.

  (f) If the presiding officer determines that only procedural issues need to be determined at the prehearing conference, the parties need not appear at the initial hearing and the presiding officer at his/her discretion may issue a docket entry setting forth the procedural schedule and said entry shall be binding on all parties of record.

  (g) If the prehearing conference results in the withdrawal of all protestants, a summary hearing as described in subsection (c) of this section will be held either at that time or at a subsequent summary hearing.

  (h) If an application for the sale and transfer of operating authority is pending before the commission and an individual or entity alleges that the operating authority being transferred has not been continuously operated, that party shall notify the commission and each of the joint applicants of that allegation at least five (5) days prior to the initial hearing on such sale and transfer. Any party alleging such dormancy, in whole or in part, shall have the burden of proof of such allegation. The matter of dormancy must be determined prior to a determination on the issue of approval or denial of the sale and transfer application. (Department of State Revenue; 45 IAC 16-1.5-12; filed Oct 21, 1986, 10:37 am: 10 IR 387) NOTE: Transferred from the Indiana Utility Regulatory Commission (170 IAC 1-1.2-12) to the Department of State Revenue (45 IAC 16-1.5-12) by P.L.72-1988, SECTION 12, effective July 1, 1988.