Section 615IAC1-2-10. Pleadings

   (a) The Commissioner shall within five working days of the granting of a petition for review transmit all relevant documents to the Board.

  (b) Unless the Commissioner files a complaint under subsection (c), in all procedings [sic.], except those initiated by a Petition for Modification of Abatement Date, the Safety Order, penalty assessment or notice of failure to correct violation shall stand as the complaint and the petition for review shall stand as the answer.

  (c) Except in cases initiated by a Petition for Modification of Abatement Date, the Commissioner may within twenty days of certification to the Board file a written complaint to set forth with more particularity the elements of the case which may include considerations upon which the abatement period or the proposed penalty is based.

  (d) If the Commissioner files a complaint under subsection (c), the person complained of shall file within twenty days an answer denying those allegations which the person intends to contest. Any allegation not denied shall be deemed admitted. Any affirmative defenses must be raised in said answer. Default judgments may be granted upon motion where a person has not answered in the prescribed period.

  (e) In cases initiated by a petition for modification of abatement date, the pleadings shall consist of the petition for modification of abatement date, the commissioner's order granting or denying such and any petition for review. (Board of Safety Review; 615 IAC 1-2-10; filed Nov 12, 1987, 9:30 am: 11 IR 1271; readopted filed Nov 13, 2001, 9:55 a.m.: 25 IR 1305; readopted filed Nov 7, 2007, 2:24 p.m.: 20071205-IR-615070596RFA; readopted filed Nov 26, 2013, 3:26 p.m.: 20131225-IR-615130405RFA)