Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-12 - Relief under IC 4-21.5-3-28 through IC 4-21.5-3-31, including disposition of objections to nonfinal orders of administrative law judge; commission objections committee

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC
				  4-21.5-1-6;
				  IC 4-21.5-3; IC
				  14-10-1-1;
				  IC 25
Sec. 12.
(a) This
				section governs relief under IC
				4-21.5-3-28
				through IC
				4-21.5-3-31,
				including the disposition of objections under IC
				4-21.5-3-29.
(b) A party who wishes to contest whether
				objections provide reasonable particularity shall move, in writing, for a more
				definite statement. The administrative law judge may rule upon a motion filed
				under this subsection, and any other motion filed subsequent to the entry of
				the nonfinal order by the administrative law judge, and enter an appropriate
				order (including removal of an item from the commission agenda).
(c) If objections are timely filed, the
				objections shall be scheduled for argument before the commission committee
				established by subsection (d), simultaneously with the presentation by the
				administrative law judge of findings, conclusions, and a nonfinal order. Unless
				otherwise ordered by the commission committee, argument shall not exceed ten
				(10) minutes for each party and twenty (20) minutes for each side.
(d) For the review of objections, and to
				consider any other appropriate relief under IC
				4-21.5-3-28
				through IC
				4-21.5-3-31,
				the chair of the commission shall appoint a committee consisting of at least
				three (3) members of the commission. To the extent practicable, the chair shall
				include persons on the committee who are licensed to practice law in Indiana.
				The chair shall announce the members of the committee during the first meeting
				of the commission held in a calendar year. The chair may supplement or modify
				the membership of the committee, as needed for the efficient conduct of the
				proceedings, during the course of the year. A member of the committee may serve
				through a designate where a designate is authorized under IC
				14-10-1-1.
				A final determination by the committee is a final agency action of the
				commission under IC
				4-21.5-1-6.
(e) At least ten (10) days before oral
				argument is scheduled on objections filed under subsection (c), a nonparty may
				file a brief with the commission committee. A copy of the brief must be served
				upon each party. The brief must not be more than five (5) pages long and cannot
				include evidentiary matters outside the record. Unless otherwise ordered by the
				commission committee, a nonparty may also present oral argument for not more
				than five (5) minutes in support of the brief. If more than one (1) nonparty
				files a brief, the administrative law judge shall order the consolidation of
				briefs if reasonably necessary to avoid injustice to a party. A nonparty who
				has not filed a brief at least ten (10) days before oral argument is first
				scheduled on objections may participate in the argument upon the stipulation of
				the parties.
(f) Upon the written
				request of a party filed at least forty-eight (48) hours before an oral
				argument to consider objections, the commission committee shall provide the
				services of a stenographer or court reporter to record the argument.
(g) If objections are not filed, the
				secretary of the commission may affirm the findings and nonfinal order. The
				secretary has exclusive jurisdiction to affirm, remand, or submit to the
				commission for final action, any findings and nonfinal order subject to this
				subsection. No oral argument will be conducted under this subsection unless
				ordered by the secretary.
(h) A
				party may move to strike all or any part of objections, a brief by a nonparty,
				or another pleading under this section that the party believes does not comply
				with this section. The administrative law judge shall act upon a motion filed
				under this subsection by providing relief that is consistent with IC 4-21.5 and
				this rule.