Authority: IC 4-15-10.5-11; IC 4-21.5-3-35

Affected: IC 4-21.5

Sec. 6. (a) The matters contained in a petition for administrative review or complaint are deemed automatically denied by any other party when no responsive pleading is required.

(b) The matters in a petition for administrative review or complaint are deemed automatically admitted by any other party when a responsive pleading is required and the responsive pleading is not timely filed.

(c) A party wishing to assert an affirmative defense, counterclaim, or cross-claim shall do so either in writing or by verbal statement to the presiding administrative law judge (ALJ) at the initial prehearing conference or at such other time specified by the ALJ. A verbal statement asserting an affirmative defense, counterclaim, or cross-claim must be made on the record and the ALJ must issue a notice or order stating the specific affirmative defense, counterclaim, or cross-claim that was raised by the party.

(Office of Administrative Law Proceedings; 41 IAC 2-2-6; filed Mar 16, 2026, 12:01 p.m.: 20260415-IR-041250378FRA)