Authority: IC 4-21.5-7-7

Affected: IC 4-21.5-3-23

Sec. 6. (a) Except as provided in subsection (b), the matters contained in a pleading described in section 4(a) of this rule are deemed automatically denied by any other party.

(b) A party wishing to assert an affirmative defense, counterclaim, or cross-claim shall do so in a writing filed and served not later than the prehearing conference or a subsequent date as ordered by the presiding environmental law judge.

(c) Every defense listed below, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted by motion:

1. (1) Lack of jurisdiction over the subject matter.
2. (2) Lack of jurisdiction over the person.
3. (3) Incorrect venue.
4. (4) Insufficiency of process.
5. (5) Insufficiency of service of process.
6. (6) Failure to state a claim upon which relief can be granted.
7. (7) Failure to join a party needed for just adjudication.

(Office of Environmental Adjudication; 315 IAC 1-3-6; filed Jun 2, 1998, 3:47 p.m.: 21 IR 3735; readopted filed Aug 11, 2004, 12:04 p.m.: 28 IR 323; readopted filed May 18, 2010, 1:45 p.m.: 20100602-IR-315100174RFA; readopted filed Apr 25, 2016, 2:08 p.m.: 20160518-IR-315160051RFA; readopted filed Jul 19, 2022, 2:01 p.m.: 20220817-IR-315220160RFA)