Section 910IAC1-11-1. Rules of practice governing hearings

   (a) All parties to the proceeding may appear in person or by counsel and shall be allowed to present and cross examine witnesses and to submit evidence.

  (b) No evidence shall be received at any hearing except upon reasonable opportunity for all parties to be present. Each party shall, unless excused by the presiding officer, be present in person at each hearing and may be represented by counsel if he or she desires.

  (c) The commission shall conduct its hearings in an informal manner in accordance with the Administrative Orders and Procedures Act.

  (d) The presiding officer may, among other things:

(1) administer oaths and affirmations;

(2) issue subpoenas;

(3) rule on offers of proof and receive relevant oral or documentary evidence;

(4) take or cause depositions to be taken;

(5) conduct conferences for the settlement or simplification of the issues by consent of the parties; and

(6) dispose of procedural motions and similar matters.

  (e) The presiding officer may, within his or her discretion, order the separation of witnesses.

  (f) The presiding officer may exclude from the hearing room or from further participation in the proceeding, any person, except a party, who engages in improper conduct before the presiding officer.

  (g) All hearings of the commission under this article shall be open to the public.

  (h) The presiding officer may grant a continuance on the motion of either party, for good cause shown. If a continuance is granted, costs incurred on account of the continuance may be assessed against the party moving for the continuance at the discretion of the presiding officer.

  (i) The presiding officer may at any time order a continuance upon his or her own motion if the interests of justice so require. When all parties are present, such oral notice shall constitute final notice of such continued hearing.

  (j) At any hearing upon a complaint or upon any matter connected therewith, evidence shall be admissible as to any retaliatory action against any person because:

(1) he or she filed the complaint, which is the basis for the hearing;

(2) he or she testified at any hearing before the commission in connection with such complaint; or

(3) he or she assisted the commission in any way in connection with its investigation of the complaint.

Such evidence shall be admissible in the discretion of the presiding officer, whether or not allegations of such retaliatory acts are contained in the complaint. The presiding officer shall give the respondent such opportunity to prepare a defense to previously undisclosed allegations of retaliation as justice requires, and for that purpose the presiding officer may continue such hearing. (Civil Rights Commission; Rule 11, Sec 11.1; filed Mar 29, 1974, 4:16 p.m.: Rules and Regs. 1975, p. 213; filed Feb 7, 2000, 3:15 p.m.: 23 IR 1398; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA)