Section 560IAC2-3-22. Exceptions, briefs, and time for filing

   (a) Notice of intent to file exceptions. To preserve an objection before the board, a party must file a notice of intent to file exceptions to the hearing examiner's report within fifteen (15) days after the report is served on the petitioner. The notice of intent shall identify the basis of the objection with reasonable particularity.

  (b) Contents of exceptions, briefs, and oral argument. Within such time as the chairman may allow, the petitioner may file exceptions to the hearing examiner's report and a brief in support thereof. Each such exception shall:

(1) set forth specifically any matters of procedure, fact, law, or policy to which the petitioner takes exception;

(2) identify that part of the hearing examiner's report to which objection is made;

(3) designate by precise citation of page the portions of the transcript relied upon; and

(4) state the grounds for the exceptions and include the citation of authorities unless set forth in a supporting brief.

  If the party desires to argue orally to the board, the request to do so must accompany the exceptions. Any exception to the hearing examiner's report which is not specifically set forth shall be deemed to have been waived. Any exception which fails to comply with the foregoing requirements may not be raised in oral arguments or in briefs before the board or in any further proceedings before a hearing examiner on remand.

  Any brief in support of exceptions shall only contain matter included within the scope of the exceptions.

  (c) Answering brief. After the petitioner has filed exceptions and a brief in support thereof and within such time as the chairman may allow, any party opposing the exceptions may file an answering brief to the exceptions and may request oral argument. In its oral argument, the party filing the answering brief may not raise any defense that was not set forth in that brief.

  The answering brief to the exceptions shall be limited to the questions raised in the exceptions and in the brief in support thereof. (Indiana Education Employment Relations Board; 560 IAC 2-3-22; filed Oct 6, 1988, 11:15 a.m.: 12 IR 313; readopted filed Sep 12, 2001, 10:55 a.m.: 25 IR 529; readopted filed Nov 30, 2007, 11:19 a.m.: 20071226-IR-560070368RFA; readopted filed Sep 10, 2013, 10:25 a.m.: 20131009-IR-560130214RFA)