Section 560IAC2-6-9. Compliance and enforcement

   (a) Compliance proceedings. The provisions of this section shall apply to final orders issued by the board or to those orders which become final orders of the board according to 560 IAC 2-3-23(a). The chairman of the board or such other person appointed by the chairman shall have the authority and discretion to take reasonable action to ascertain if compliance with the board's order has been or is being achieved. Such action may include, but shall not be limited to the following:

(1) soliciting information from the party to whom the order is directed, or any other party to the proceeding;

(2) convening a conference among one (1) or more of the parties to the proceeding;

(3) conducting an investigation and/or a hearing if deemed appropriate; and/or

(4) taking such other action reasonably designed to determine the facts and the law to see if compliance with the board's order has occurred and if the board should take any further action.

  (b) Request for compliance. The charging party or any other party to the proceeding which resulted in the decision and order for which compliance is sought may request that the board seek compliance with and enforcement of any final order issued by the board. Such requests shall normally take the form of a motion addressed to the chairman and shall be accompanied by affidavits, as appropriate, setting forth the facts regarding the non-compliance with and enforcement of any final order issued by the board. An original and one (1) copy shall be filed with the board, and a copy shall be served on all such other parties to the unfair practice proceeding along with proof of service of all such documents. Within ten (10) days after the moving party serves the non-moving party with a request for compliance, the non-moving party may respond to the compliance request. Such response may include affidavits or other evidentiary submissions. An original and one (1) copy of the response and supporting evidentiary submissions shall be filed with the chairman or with the appointed compliance officer, together with proof of service of such documents on all other parties to the proceeding.

  (c) Report. The report of the compliance officer will recommend what action, if any, the board shall take. Copies of the report will be distributed directly to the board and the parties to the proceeding. The board will review the recommendation and decide whether to take any further action by seeking enforcement of the order in accordance with IC 4-21.5-6-1. (Indiana Education Employment Relations Board; 560 IAC 2-6-9; filed Oct 6, 1988, 11:15 a.m.: 12 IR 317; 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)