Section 560IAC2-3-14. Hearing examiners; duties, powers

   It shall be the duty of the hearing examiner to inquire fully into the facts as to whether the respondent has engaged in or is engaging in an unfair practice as set forth in the complaint or amended complaint. Until the case is transferred to the board, an appointed hearing examiner shall have authority to:

(1) administer oaths and affirmations;

(2) grant motions to issue subpoenas;

(3) rule upon petitions to revoke subpoenas;

(4) rule upon offers of proof and receive relevant and material evidence;

(5) take or cause depositions to be taken whenever the ends of justice would be served thereby;

(6) regulate the course of the hearing, to continue it from day to day, to move it from place to place, if appropriate or necessary to exclude persons or counsel from the hearing for contemptuous conduct, and to strike all related testimony of witnesses refusing to answer any proper question;

(7) hold pre-hearing conferences for the settlement or simplification of the issues;

(8) dispose of procedural requests or similar matters including motions to amend pleadings;

(9) dismiss complaints or portions thereof;

(10) order hearings reopened or upon motion consolidate prior to issuance of his report;

(11) make and file a report in conformity with IC 4-21.5-3-27;

(12) call, examine, and cross-examine witnesses;

(13) introduce into the record documentary or other evidence;

(14) request the parties at any time during the hearing to state their respective positions concerning any issue in the case or theory in support thereof; and

(15) take any other action necessitated under the foregoing and authorized by 560 IAC 2 [this article] and/or IC 4-21.5.

(Indiana Education Employment Relations Board; 560 IAC 2-3-14; filed Oct 6, 1988, 11:15 a.m.: 12 IR 312; 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)