Section 560IAC2-2-6. Hearings

   (a) Submission of briefs. If the parties are unable to reach agreement as to the appropriate unit after the filing and investigation of a valid petition, they shall each submit briefs to the board or its agent outlining their position with regard to the disputed issues. Determinations by the board or its agent may be made based upon the briefs unless a hearing is requested. If a request for a hearing is made, the board or its agent shall schedule a hearing and shall serve notice of such hearing to all interested parties. The briefs shall be filed with the board or its agent at least ten (10) days prior to the date of such hearing and shall set forth each issue to be presented at the hearing and specifically state the position(s) or classification(s) to be excluded from the unit. Failure to address the issue(s) may result in exclusion of evidence.

  (b) Nature of hearing. Hearings under IC 20-7.5-1-10 shall be considered investigatory and not adversary. The purpose of the hearing is to develop a full and complete factual record upon which the case may be determined. Parties may argue orally, or before the close of the hearing the parties may request permission to file a brief within ten (10) days of the close of the hearing or by a time to be set by the board or its agent. Parties may request transcription of such proceedings at their expense. The representation and unit determination case files shall be available to the parties at the board's office.

  (c) Board determination. After the hearing is closed, the board or its agent shall determine the matters in dispute and direct an election, dismiss the petition, or make such other disposition of the matter as deemed appropriate. (Indiana Education Employment Relations Board; 560 IAC 2-2-6; filed Oct 6, 1988, 11:15 a.m.: 12 IR 304; 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)