- (a) The commission, or the masters when the hearing is before the masters, may proceed with the hearing whether or not the judge files an answer or appears at the hearing.
- (b) The failure of a judge to answer or to appear at the hearing by itself is not evidence of the facts alleged and does not constitute grounds for censure, retirement, or removal. In a proceeding for involuntary retirement for disability, the failure of a judge to testify in the judge's own behalf or to submit to a medical examination requested by the commission or the masters may be considered, unless the failure was due to circumstances beyond the judge's control.
- (c) The hearing shall be reported verbatim.
(d) At a hearing before the commission, not less than four (4) members must be present when the evidence is produced.
[Pre-2004 Recodification Citation: 33-2.1-6-13.]
As added by P.L.98-2004, SEC.17.