reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 1 - DEFINITIONS › Rule 1 - Definitions › Section 1-30 - "Wild animal" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC
				  14-22-38-6;
				  IC 25
Sec. 30.
(a) "Wild
				animal", except as provided in subsection (b), means an animal whose species
				usually:
(1) lives in the wild; or
(2) is not domesticated.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 1 - Conduct of the Meetings of the Commission and Other Boards › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC 14; IC 25
Sec. 1.
(a) This
				rule governs the conduct of meetings of the commission and any other
				board.
(b) The rule is supplemental
				to 312 IAC 3.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 1 - Conduct of the Meetings of the Commission and Other Boards › Section 1-2 - Minutes of meetings

Current through July 10, 2024
Authority: IC 14-10-2-4
Affected: IC 14; IC 25
Sec. 2.
(a) Except
				as provided in
				312 IAC 3-1, the
				minutes approved by a board are the official record of a meeting of the
				board.
(b) Notes or an electronic
				recording of a meeting, other than as provided in subsection (a), are not an
				official record of a board or the department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 1 - Conduct of the Meetings of the Commission and Other Boards › Section 1-3 - Withdrawal of an item from a board agenda

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC 14; IC 25
Sec. 3.
(a) Except
				as provided in subsection (b), the director or a deputy director may withdraw
				an item from a meeting agenda at least forty-eight (48) hours before the
				meeting is scheduled to begin. Notification of the withdrawal shall be
				delivered to the following address:
Division of Hearings
Natural Resources Commission
Indiana Government Center North 100 North Senate Avenue, Room
				  N103
Indianapolis, Indiana 46204-2273.
(b) An administrative law judge or hearing
				officer for the commission may withdraw an item, placed by that person on a
				commission meeting agenda, at least forty-eight (48) hours before the meeting
				is scheduled to begin.
(c) A board
				may remove an item from an agenda if a withdrawal is not performed under
				subsection (a) or (b).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 2 - Delegations by the Natural Resources Commission › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC 14; IC 25
Sec. 1.
(a) This
				rule governs delegation of authority by the commission.
(b) A delegation in this rule may be
				supplemented by a delegation in another article of this title.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 2 - Delegations by the Natural Resources Commission › Section 2-2 - Emergency actions by commission officers

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC 14; IC 25
Sec. 2.
(a) The
				chair (or, if the chair cannot be contacted, the vice chair) and the secretary
				of the commission may jointly take an action for which the commission has
				authority where both of the following are established:
(1) There is an emergency.
(2) Irreparable harm would result if action
				were delayed until the next meeting of the commission.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 2 - Delegations by the Natural Resources Commission › Section 2-3 - Issuance of sanctions and emergency orders by division directors

Current through July 10, 2024
Authority: IC 14-10-2-4
Affected: IC 4-21.5-3-6; IC 4-21.5-3-8; IC 14; IC 25
Sec. 3.
A division director may do any of the following:
(1) Issue an order and notice of the order
				under IC 4-21.5-3-6.
(2) Cause a
				complaint to be filed with the commission under IC 4-21.5-3-8 and
				312 IAC
				3-1.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 2 - Delegations by the Natural Resources Commission › Section 2-4 - Preliminary adoption of rules and readoption of rules

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC
				  4-22-2-15;
				  IC 4-22-2.5; IC 14; IC 25
Sec. 4.
(a) The
				secretary of the commission may approve a rule for preliminary
				adoption.
(b) Where no amendment is
				proposed, the director of the commission's division of hearings may, under IC
				4-22-2.5, give preliminary adoption to rules for recodification by
				readoption.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 3 - Public Hearings Prior to the Issuance of an Agency Order (Subject to 312 IAC 3-1) › Section 3-1 - Applicability of rule; late or incomplete license application; time for giving notice

Current through July 10, 2024
Authority: IC 14-11-4-9
Affected: IC 4-21.5; IC 14-11-4-8; IC 14-21-1-17
Sec. 1.
(a) This
				rule governs the conduct of a public hearing held on the question of the
				issuance, conditioning, or denial of an original or renewal license under IC
				14-11-4-8.
(b) This rule also
				governs the conduct of a public hearing held under IC 14-21-1-17. However,
				sections 3 through 5 of this rule do not apply to a public hearing under this
				subsection.
(c) A person who
				conducts a public hearing before any agency action is taken by the director, a
				board, or a delegate of the director or a board may apply this rule even if IC
				14-11-4-8 is inapplicable. The hearing officer who applies this subsection
				shall announce at the beginning of the public hearing that this rule applies. A
				board may appoint a person, a panel of persons, or the entirety of the board to
				serve as the hearing officer. If this subsection is implemented, section 3 of
				this rule does not apply.
(d) This
				rule does not apply to a hearing that is governed by
				312
				IAC 2-1 or
				312 IAC
				3-1.
(e)
				The director or the delegate of the director may deny a license application
				that is not completed in a reasonable period of time. If an agency action to
				deny a license application is made because the application is incomplete, the
				application does not qualify for a public hearing under this rule, but that
				agency action is subject to administrative review under IC 4-21.5 and
				312 IAC
				3-1.
(f)
				The time period for giving notice begins upon mailing if a notice required by
				this rule or IC 14-11-4 is made by the United States mail. Three (3) days are
				added to the period required for a notice that is made by the United States
				mail.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 3 - Public Hearings Prior to the Issuance of an Agency Order (Subject to 312 IAC 3-1) › Section 3-2 - "Adjacent to the affected real property" defined

Current through July 10, 2024
Authority: IC
				  14-11-4-9
Affected: IC 14-11-4
Sec. 2.
As used in this rule and IC 14-11-4, "adjacent to the
				  affected real property" means real property owned by a person, other than the
				  applicant, that is both of the following:
(1) Located within one-fourth (¼) mile
				of the site where the licensed activity would take place.
(2) Has a border or point in common with the
				exterior boundary of the property where the licensed activity would take place.
				Included is property that would share a common border if not for the separation
				caused by a right-of-way, an easement, or a railroad.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 3 - Public Hearings Prior to the Issuance of an Agency Order (Subject to 312 IAC 3-1) › Section 3-3 - Notice of consideration of application for certain designated licenses; service by license applicant

Current through July 10, 2024
Authority: IC 14-11-4-9
Affected: IC 4-21.5; IC 14-22-26-3; IC 14-26-2; IC 14-26-5;
				  IC 14-28-1; IC 14-29-1; IC 14-29-3; IC 14-29-4
Sec. 3.
(a) Notice
				must be given under this section before a new license or a license renewal is
				issued by the department under the following statutes and rules:
(1) IC 14-26-2 and
				312 IAC 11-1
				through
				312 IAC
				11-5 (lake preservation).
(2) IC 14-26-5 (lowering of lakes).
(3) IC 14-29-4 (construction of
				channels).
(4) IC 14-28-1 and 312
				IAC 10 (flood plain management).
(5) IC 14-22-26-3(2) and
				312 IAC
				9-11 (possession of wild animals that may be harmful
				or dangerous to plants or animals).
(6) IC 14-29-3 and
				312 IAC 6-5
				(removal of substances from navigable waters of the state), including under IC
				14-29-1 where the removal of substances from navigable waters is an element of
				the license.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 3 - Public Hearings Prior to the Issuance of an Agency Order (Subject to 312 IAC 3-1) › Section 3-4 - Petition for a public hearing by local individuals

Current through July 10, 2024
Authority: IC
				  14-11-4-9
Affected: IC
				  14-11-4-8
Sec. 4.
(a) This
				section establishes the requirements for a petition to request a public hearing
				under IC
				14-11-4-8(a)(2).
(b) The petition shall include the signatures
				of at least twenty-five (25) individuals who are at least eighteen (18) years
				of age and who reside in the county where the licensed activity would take
				place or who own real property within one (1) mile of the site of the proposed
				or existing licensed activity.
(c)
				The complete mailing addresses of the petitioners shall be typed or printed
				legibly on the petition.
(d) Each
				individual who signs the petition shall affirm that the individual qualifies
				under subsection (b).
(e) The
				petition shall identify the application for which a public hearing is sought,
				either by division docket number or by the name of the applicant and the
				location of the permit.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 3 - Public Hearings Prior to the Issuance of an Agency Order (Subject to 312 IAC 3-1) › Section 3-5 - Notice of public hearing under this rule

Current through July 10, 2024
Authority: IC
				  14-11-4-9
Affected: IC 14
Sec. 5.
(a) The
				hearing officer shall set the time and place of the public hearing and give
				reasonable written notice to the following persons:
(1) Each of the petitioners.
(2) The applicant.
(3) At least one (1) of the owners of each
				parcel of real property reasonably known to be adjacent to the affected real
				property.
(4) Any other person who
				requests in writing to be notified.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 3 - Public Hearings Prior to the Issuance of an Agency Order (Subject to 312 IAC 3-1) › Section 3-6 - Conduct of a public hearing by a hearing officer; informal recommendations to the director or director's designee for an agency action

Current through July 10, 2024
Authority: IC 14-11-4-9
Affected: IC 4-21.5-3-5; IC 5-14-3-2; IC 14-11-3-1
Sec. 6.
(a) A public
				hearing under this section shall be conducted by a hearing officer appointed by
				the director or appointed by the director's designee under IC 14-11-3-1(c). The
				hearing officer shall be the director, the deputy director for the bureau in
				which the statute is administered, or an employee of the division that is
				primarily responsible for the administration of the statute.
(b) The hearing officer shall announce at the
				opening and closing of the public hearing that a person is entitled to
				notification of an agency action on the license application (or other action at
				issue) if the person provides a written request for notification that does the
				following:
(1) Describes the subject of the
				order with reasonable particularity.
(2) Is delivered to the address of the
				department at least seven (7) days before the day that notice is given under IC
				4-21.5-3-5. The address specified by the hearing officer under this subdivision
				shall be the address of either of the following:
(A) The director.
(B) The person who has been delegated
				authority by the director to act upon the license or other agency
				action.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 3 - Public Hearings Prior to the Issuance of an Agency Order (Subject to 312 IAC 3-1) › Section 3-7 - Notice of determination by the department or historic preservation review board after public hearing; administrative review to natural resources commission

Current through July 10, 2024
Authority: IC 14-11-4-9
Affected: IC 4-21.5; IC 14-21-1-17
Sec. 7.
(a) Notice
				of an order to issue, condition, or deny an original license, made following a
				public hearing under section 1(a) of this rule, shall be provided to the
				following persons:
(1) Each of the persons who
				signed a petition as provided under section 4 of this rule.
(2) The applicant.
(3) At least one (1) of the owners of each
				parcel of real property reasonably known to be adjacent to the affected real
				property.
(4) Any other person who
				requests in writing to be notified.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 4 - Organized Activities and Tournaments on Designated Public Waters; Administration › Section 4-12 - Limitations on fishing tournaments at lakes administered by the division of state parks and reservoirs (Repealed)

Current through July 10, 2024
This version of section effective until January 1, 2013.
					 See also following version of section, effective January 1, 2013.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 5 - Review of Determinations for Testing and Programs for Continuing Education › Section 5-1 - Applicability

Current through July 10, 2024
Authority: IC
				  14-10-2-4;
				  IC
				  25-39-4-9
Affected: IC 14; IC 25-39
Sec. 1.
(a) This
				rule applies to a department determination that:
(1) a person has failed a test; or
(2) the sponsor of a continuing education
				program or license applicant has not satisfied minimum requirements for the
				department to sanction credit for the program; if successful completion of the
				test or continuing education is required, by a statute or rule, for conduct of
				an activity licensed by the department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 5 - Review of Determinations for Testing and Programs for Continuing Education › Section 5-2 - Informal review of test failure by administering division

Current through July 10, 2024
Authority: IC
				  14-10-2-4;
				  IC
				  25-39-4-9
Affected: IC 14; IC 25-39
Sec. 2.
(a) A
				license applicant that is notified of a fail score on a written or practical
				examination may seek informal review from the director of the division, or the
				division director's designate, of the examination results.
(b) An applicant must submit the request for
				informal review with the director of the division, or the division director's
				designate, within the earlier of:
(1) fifteen
				(15) days if notification of a fail score included the address of the person to
				whom the request must be directed and a statement the request must be made
				within fifteen (15) days of the notice; or
(2) ninety (90) days if the notification of a
				fail score did not include the information described in subdivision
				(1).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 5 - Review of Determinations for Testing and Programs for Continuing Education › Section 5-3 - Informal review of administering division's determination not to credit a continuing education program

Current through July 10, 2024
Authority: IC
				  14-10-2-4;
				  IC
				  25-39-4-9
Affected: IC 14; IC 25-39
Sec. 3.
(a) The
				sponsor of a continuing education program or a license applicant who attends a
				continuing education program may seek informal review from the director of the
				division, or the division director's designate, of a decision by the division
				not to authorize credit or to authorize fewer credits than the sponsor or
				license applicant believes are appropriate.
(b) A sponsor or an applicant must submit the
				request for informal review with the division director or the division
				director's designate. To qualify for administrative review under section 4 of
				this rule, a request for informal review under this subsection must be made
				before the program is presented.
(c) The division shall conduct the review in
				an informal manner. If requested by the sponsor or applicant, the division
				shall confer with the sponsor or applicant at the division's office before
				deciding the informal review.
(d)
				The division director or the division director's designate may take any
				appropriate action, including approving credit or additional credits, if the
				division is provided with sufficient written documentation to determine a
				continuing education program:
(1) includes
				information significant to the governing statute or rule that was not
				previously known to the division; or
(2) provides innovative or specialized
				instruction to a limited constituency, with extraordinary educational needs,
				and that is likely to enhance the interests protected or promoted by the
				governing statute or rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 2 - PROCEDURES AND DELEGATIONS › Rule 5 - Review of Determinations for Testing and Programs for Continuing Education › Section 5-4 - Administrative review

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 25-39-4-9
Affected: IC 4-21.5; IC 14; IC 25-39
Sec. 4.
(a) A
				division director or the division director's delegate shall notify a person in
				writing who seeks review under section 2 or 3 of this rule, within thirty (30)
				days after completion of the review, of the division's decision.
(b) The notification provided under
				subsection (a) shall advise the recipient of the opportunity to seek
				administrative review of the division's decision, under IC 4-21.5 and
				312 IAC 3-1,
				within eighteen (18) days of issuance of the notice.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-1 - Administration

Current through July 10, 2024
Authority: IC 14-10-2-2.5; IC 14-10-2-4; IC
				  25-31.5-3-8
Affected: IC 4-21.5; IC 14; IC 25
Sec. 1.
(a) This
				rule controls proceedings governed by IC 4-21.5 for which the commission, or an
				administrative law judge for the commission, is the ultimate authority. In
				conjunction with
				315 IAC 1-1,
				this rule also governs a proceeding consolidated with the office of
				environmental adjudication under IC 14-10-2-2.5(b).
(b) An affected person who is aggrieved by a
				determination of:
(1) the director;
(2) a delegate of the director;
(3) a board (other than the commission when
				acting as the ultimate authority);
(4) a delegate of the board (other than an
				administrative law judge);
(5) a
				person who has been delegated authority under
				312 IAC
				2-2;
(6)
				the Indiana board of licensure for professional geologists under IC 25-17.6;
				or
(7) the Indiana board of
				registration for soil scientists under IC 25-31.5; may apply for administrative
				review of the determination under IC 4-21.5 and this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-2 - Ultimate authority

Current through July 10, 2024
Authority: IC
				  14-10-2-2.5;
				  IC
				  14-10-2-4; IC
				  25-31.5-3-8
Affected: IC 4-21.5-4; IC 14-34; IC 25-17.6; IC
				  25-31.5
Sec. 2.
(a) Except
				as provided in this section, the commission is the ultimate authority for the
				department and any department board.
(b) Except as provided in subsection (d), an
				administrative law judge is the ultimate authority for an administrative review
				under the following:
(1) An order under IC
				14-34, except for a proceeding:
(A) concerning
				the approval or disapproval of a permit application or permit renewal under IC
				14-34-4-13;
				or
(B) for suspension or revocation
				of a permit under IC
				14-34-15-7.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-2.5 - Applicable provisions of the code of judicial conduct to administrative law judges

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC 4-21.5; IC
				  14-10-2-2
Sec. 2.5.
(a) The
				following definitions apply throughout this section:
(1) "Administrative law judge" means an
				administrative law judge for the natural resources commission.
(2) "Code of judicial conduct" refers to the
				code of judicial conduct adopted by the Indiana supreme court, effective March
				1, 1993 (including amendments received through October 15, 2009).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-3 - Initiation of a proceeding for administrative review

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  25-31.5-3-8
Affected: IC
				  4-21.5-3-7;
				  IC
				  4-21.5-3-8;
				  IC 4-21.5-4; IC 14-34; IC 14-37-9; IC 25
Sec. 3.
(a) A
				proceeding before the commission, under IC 4-21.5, as well as administrative
				review of a determination of the Indiana board of licensure for professional
				geologists or the Indiana board of registration for soil scientists, is
				initiated when one (1) of the following is filed with the Division of Hearings,
				Indiana Government Center-North, 100 North Senate Avenue, Room N103,
				Indianapolis, Indiana 46204-2273:
(1) A
				petition for review under IC
				4-21.5-3-7.
(2) A complaint under IC
				4-21.5-3-8.
(3) A request for temporary relief under IC
				14-34.
(4) A request to issue or
				for review of an issued emergency or other temporary order under IC
				4-21.5-4.
(5) A request concerning
				an integration order under IC 14-37-9.
(6) An answer to an order to show cause under
				section 5 of this rule.
(7) A
				referral by the director of a petition for and challenge to litigation expenses
				under section 13(g) of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-3.5 - Participation by a party; representation

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC 4-21.5; IC 14; IC 25; IC
				  30-5-2-2
Sec. 3.5.
(a)
				Subject to subsection (d), any party may participate by and through an attorney
				in good standing admitted to practice law in Indiana pursuant to the Rules for
				Admission to the Bar and the Discipline of Attorneys.
(b) For purposes of this rule, a
				"corporation" includes the following:
(1)
				Domestic or foreign corporation.
(2) Not-for-profit corporation.
(3) Limited liability company.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-4 - Answers and affirmative defenses

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC 4-21.5; IC 14; IC 25
Sec. 4.
(a) Except
				as provided in subsection (b) and in sections 5 and 13 of this rule, the
				matters contained in a pleading described in section 3(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 writing, filed and served
				not later than the initial prehearing conference, unless otherwise ordered by
				the administrative law judge.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-5 - Pleadings for and disposing of a show cause order issued under the Indiana Surface Mining Control and Reclamation Act

Current through July 10, 2024
Authority: IC 14-10-2-4
Affected: IC 4-21.5-3; IC 14-34-15-7; IC 15
Sec. 5.
(a) This
				section governs the suspension or revocation of a permit under IC
				14-34-15-7.
(b) When the director
				determines that a permit issued pursuant to IC 13-4.1 before its repeal, IC
				14-34, or 312 IAC 25 should be suspended or revoked, the director (or a
				delegate of the director) shall issue to the permittee an order of permit
				suspension or revocation pursuant to IC 14-34-15-7. An order of permit
				suspension or revocation shall allege the following:
(1) A pattern of violations of:
(A) IC 13-4.1 before its repeal, IC 14-34, or
				312 IAC 25; or
(B) any permit
				condition required by IC 13-4.1 before its repeal, IC 14-34, or 312 IAC
				25.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-6 - Amendment of pleadings

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC 14; IC 25
Sec. 6.
(a) A
				pleading described in section 3(a) of this rule may be amended once as a matter
				of course before a response is filed, but not later than the initial prehearing
				conference or fifteen (15) days before a hearing (whichever occurs first),
				except by leave of the administrative law judge. Leave shall be granted where
				justice requires.
(b) If the claim
				or defense asserted in the amended pleading arose out of the conduct,
				transaction, or occurrence set forth or attempted to be set forth in the
				original pleading, the amendment relates back to the date of the original
				pleading.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-7 - Filing and service of pleadings and documents

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC
				  1-1-9-1; IC
				  4-21.5-3-1;
				  IC
				  4-21.5-3-29;
				  IC 4-21.5-5; IC 14; IC
				  23-1-20-15; IC
				  25
Sec. 7.
(a)
				Pleadings and documents must be filed with the commission and served on all
				other parties.
(b) The filing of a
				pleading or document may be performed by any of the following:
(1) Personal delivery.
(2) United States mail under any of the
				following categories:
(A) First
				class.
(B) Certified.
(C) Express.
(D) Priority.
(3) Private carrier.
(4) State interdepartmental mail.
(5) Electronic mail delivered to
				nrcaopa@nrc.in.gov.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-7.5 - Deadlines for filing of pleadings and responses

Current through July 10, 2024
Authority: IC 14-10-2-4
Affected: IC 4-21.5-3-1, IC 4-21.5-3-23; IC 14; IC 25
Sec. 7.5.
(a) An
				adverse party shall have the following:
(1)
				Thirty (30) days after service of a motion to dismiss to serve a
				response.
(2) Twenty (20) days
				after service of any procedural motion other than a motion for continuance or
				extension of time to serve a response.
(3) Five (5) business days after service of a
				motion for continuance or extension of time to file a response.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-9 - Defaults, dismissals, and agreed orders

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC 4-21.5-3; IC 4-21.5-5; IC 14; IC 25
Sec. 9.
(a) An
				administrative law judge may enter a final order of dismissal if the party who
				initiated administrative review requests the proceeding be dismissed.
(b) An administrative law judge may, on the
				motion of the administrative law judge or the motion of a party, enter a
				proposed order of default or proposed order of dismissal under IC
				4-21.5-3-24,
				if at least one (1) of the following applies:
(1) A party fails to attend or participate in
				a prehearing conference, hearing, or other stage of the proceeding.
(2) The party responsible for taking action
				does not take action on a matter for a period of at least sixty (60)
				days.
(3) The person seeking
				administrative review does not qualify for review under IC
				4-21.5-3-7.
(4) A default or dismissal could be entered
				in a civil action.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-10 - Applicability of rules of trial procedure and rules of evidence

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC 4-21.5; IC 14; IC 25
Sec. 10.
Unless inconsistent with IC 4-21.5 or this rule, the
				  administrative law judge may apply the Indiana Rules of Trial Procedure or the
				  Indiana Rules of Evidence.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-10.5 - Consolidated proceedings with office of environmental adjudication

Current through July 10, 2024
Authority: IC
				  14-10-2-2.5;
				  IC
				  14-10-2-4
Affected: IC 4-21.5-3; IC 14; IC 25
Sec. 10.5.
(a) This
				section controls the conduct of a proceeding presided over by an administrative
				law judge that is consolidated under IC
				14-10-2-2.5
				with a proceeding presided over by an environmental law judge of the office of
				environmental adjudication.
(b)
				Before acting on a motion for consolidation under IC
				14-10-2-2.5(b),
				an administrative law judge or environmental law judge may do any of the
				following:
(1) Consult with any
				administrative law judge or environmental law judge that presides over a
				proceeding sought to be consolidated.
(2) Request documents, briefs, or oral
				arguments from the parties to the following:
(A) The proceeding pending before the
				administrative law judge or environmental law judge.
(B) The proceeding sought to be
				consolidated.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-11 - Conduct of hearing; separation of witnesses

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC 14; IC 25
Sec. 11.
(a) An
				administrative law judge shall govern the conduct of a hearing and the order of
				proof.
(b) On a motion by a party
				before the commencement of testimony, the administrative law judge shall
				provide for a separation of witnesses.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-13 - Awards of litigation expenses for specified proceedings

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC 4-21.5; IC
				  14-22-26-5;
				  IC
				  14-24-11-5;
				  IC
				  14-34-15-10;
				  IC
				  14-37-13-7
Sec. 13.
(a) This
				section governs an award of costs and expenses reasonably incurred, including
				attorney fees, under IC
				14-22-26-5,
				IC
				14-24-11-5,
				IC
				14-34-15-10,
				or IC
				14-37-13-7.
(b) Except as otherwise provided in this
				subsection, no award for costs and expenses, including attorney fees, shall be
				entered under IC
				14-22-26-5,
				IC
				14-24-11-5,
				or IC
				14-37-13-7
				unless there is a finding that the person against whom the award is made acted
				for the purpose of harassing or embarrassing an opposing party. The department
				may obtain an award for reasonable expenses incurred to seize and hold an
				animal, without a showing of harassment or embarrassment, if the department
				prevails under IC 14-22-26.
(c)
				Costs and expenses may be awarded from the department to any person, other than
				a permittee or the permittee's authorized representative, who initiates or
				participates in a proceeding under IC
				14-37-13-7,
				and who prevails in whole or part, achieving at least some degree of success on
				the merits, upon a finding that the person made a substantial contribution to a
				full and fair determination of the issues.
(d) Appropriate costs and expenses, including
				attorney fees, may be awarded under IC
				14-34-15-10
				only as follows:
(1) To any person from the
				permittee if the person initiates or participates in an administrative
				proceeding reviewing enforcement and a finding is made by the administrative
				law judge or commission that:
(A) a violation
				of IC 14-34, a rule adopted under IC 14-34, or a permit issued under IC 14-34
				has occurred or that an imminent hazard existed; and
(B) the person made a substantial
				contribution to the full and fair determination of the issues.
However, a contribution of a person who did not initiate a
				  proceeding must be separate and distinct from the contribution made by a person
				  initiating the proceeding.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-14 - Court reporter; transcripts

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  25-31.5-3-8
Affected: IC 14; IC 25-17.6; IC 25-31.5
Sec. 14.
(a) The
				commission (or, for administrative review of orders under IC 25-17.6, the
				Indiana board of licensure for professional geologists or under IC 25-31.5, the
				Indiana board of registration for soil scientists) shall employ and engage the
				services of a stenographer or court reporter, either on a full-time or a
				part-time basis, to record evidence taken during a hearing.
(b) A party may obtain a transcript of the
				evidence upon a written request to the administrative law judge.
(c) The party who requests a transcript under
				subsection (b) shall pay the cost of the transcript:
(1) as billed by the court reporting service;
				or
(2) if the transcript is
				prepared by an employee of the commission, as determined from time to time by
				the commission on a per page basis after consideration of all expenses incurred
				in the preparation of the transcript.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-15 - Quasi-declaratory judgments

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC
				  4-21.5-3-5;
				  IC 14-21-1; IC 25
Sec. 15.
(a) A
				person may, in writing, request the department to interpret a statute or rule
				administered by the department as applicable to a specific factual
				circumstance. The request must:
(1) describe
				with reasonable particularity all relevant facts;
(2) cite with specificity the statutory or
				rule sections in issue;
(3)
				identify any other person who may be affected by a determination of the
				request; and
(4) describe the
				relief sought.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-17 - Record of proceedings; adjudicative hearings generally; record of the director for surface coal mining permits

Current through July 10, 2024
Authority: IC 14-10-2-4
Affected: IC 4-21.5-3-14; IC 4-21.5-3-33; IC 14-34-4-6; IC
				  14-34-4-13; IC 25
Sec. 17.
(a) The
				record required to be kept by an administrative law judge under IC 4-21.5-3-14
				commences when a proceeding is initiated under section 3(a) of this rule and
				includes the items described in IC 4-21.5-3-33.
(b) In addition to subsection (a), this
				subsection applies to a proceeding concerning the approval or disapproval of a
				permit application, permit revision application, or permit renewal under IC
				14-34-4-13. However, nothing in this subsection precludes the admission of
				testimony or exhibits that are limited to the explanation or analysis of
				materials included in the record before the director, or the manner in which
				the materials were applied, used, or relied upon in evaluating the application.
				Upon a timely objection made before or during a hearing, the administrative law
				judge shall exclude testimony or exhibits that are offered but that identify or
				otherwise address matters that are not part of the record before the director
				under IC 14-34-4-13. The record before the director includes each of the
				following:
(1) The permit.
(2) The permit application as defined at
				312 IAC
				25-1-11.
(3) Documentation tendered or referenced, in
				writing, by the applicant or an interested person for the purposes of
				evaluating, or used by the department to evaluate, the application.
(4) The analyses of the department in
				considering the application, including the expertise of the department's
				employees and references used to evaluate the application.
(5) Documentation received under IC 14-34-4,
				including the conduct and results of any informal conference or public hearing
				under IC
				14-34-4-6.
(6) Correspondence received or generated by
				the department relative to the application, including letters of notification,
				proofs of filing newspaper advertisements, and timely written comments from an
				interested person.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-18 - Petitions for judicial review

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  25-31.5-3-8
Affected: IC
				  4-21.5-5-8;
				  IC 14; IC 25
Sec. 18.
(a) A
				person who wishes to take judicial review of a final agency action entered
				under this rule shall serve copies of a petition for judicial review upon the
				persons described in IC
				4-21.5-5-8.
(b) The copy of the petition required under
				IC
				4-21.5-5-8(a)(1)
				 to be served upon the ultimate authority
				shall be served at the following address:
Division of Hearings
Natural Resources Commission
Indiana Government Center-North
100 North Senate Avenue, Room N103
Indianapolis, Indiana 46204-2273
This address applies whether the commission or an
				  administrative law judge is the ultimate authority.
(c) Where the department or the state
				historic preservation review board is a party to a proceeding under this rule,
				a copy of the petition required under IC
				4-21.5-5-8(a)(4)
				 to be served upon each party shall be served
				at the following address:
Director
Department of Natural Resources
Indiana Government Center-South
402 West Washington Street, Room W256
Indianapolis, Indiana 46204
(d) Where the Indiana board of licensure for
				professional geologists is a party to a proceeding under this rule, a copy of
				the petition required under IC
				4-21.5-5-8(a)(4)
				 to be served upon each party shall be served
				at the following address:
Indiana State Geologist
Indiana University
611 North Walnut Grove
Bloomington, Indiana 47405-2208
(e) Where the Indiana board of registration
				for soil scientists is a party to a proceeding under this rule, a copy of the
				petition required under IC
				4-21.5-5-8(a)(4)
				 to be served upon each party shall be served
				at the following address:
Office of Indiana State Chemist
Purdue University
1154 Biochemistry
West Lafayette, Indiana 47907-1154
(f) The commission and its administrative law
				judge provide the forum for administrative review under this rule. Neither the
				commission nor the administrative law judge is a party.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-19 - Modification of final agency order

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC
				  4-21.5-3-29;
				  IC
				  4-21.5-3-31;
				  IC 14
Sec. 19.
(a) A
				person who wishes to seek modification of a final agency action entered under
				this rule must file a petition with the administrative law judge and serve a
				copy upon each party.
(b) Except as
				provided in subsection (d), the administrative law judge may modify a final
				agency action only where the petitioner demonstrates each of the following:
(1) The petitioner is not in default under IC
				4-21.5-3.
(2) Newly discovered
				material evidence exists.
(3) The
				evidence could not, by due diligence, have been discovered and produced at the
				hearing in the proceeding.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 3 - ADJUDICATORY PROCEEDINGS › Rule 1 - Procedural Rules › Section 1-20 - Remand following judicial review or appeal

Current through July 10, 2024
Authority: IC
				  14-10-2-4
Affected: IC
				  4-21.5-3-29;
				  IC
				  4-21.5-3-31;
				  IC 14
Sec. 20.
(a) Except
				as provided in subsection (b), upon remand following judicial review or appeal,
				the administrative law judge who previously conducted the proceeding shall
				resume jurisdiction.
(b) If the
				administrative law judge who previously conducted the proceeding is unavailable
				or declines to resume jurisdiction, the division director shall appoint a
				substitute administrative law judge as soon as practicable.
(c) If the administrative law judge is not
				the ultimate authority, IC
				4-21.5-3-29
				and section 12 of this rule apply.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 4 - LAW ENFORCEMENT › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 14-9-8-3
Affected: IC 14-9-8
Sec. 1.
The definitions in this rule are in addition to those in 312
				  IAC 1-1 and apply throughout this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 4 - LAW ENFORCEMENT › Rule 1 - Definitions › Section 1-2 - "Chain of command" defined

Current through July 10, 2024
Authority: IC
				  14-9-8-3
Affected: IC 14-9-8
Sec. 2.
"Chain of command" means the formal lines of communication
				  going downward or upward within the organizational hierarchy through each
				  successive level of command.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 4 - LAW ENFORCEMENT › Rule 1 - Definitions › Section 1-3 - "Civilian employee" defined

Current through July 10, 2024
Authority: IC
				  14-9-8-3
Affected: IC 14-9-8
Sec. 3.
"Civilian employee" means an employee of the division other
				  than a conservation officer or the division director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 4 - LAW ENFORCEMENT › Rule 1 - Definitions › Section 1-4 - "Conservation officer" defined

Current through July 10, 2024
Authority: IC
				  14-9-8-3;
				  IC
				  14-10-2-4
Affected: IC
				  9-13-2-92;
				  IC
				  14-8-2-53;
				  IC
				  35-31.5-2-185
Sec. 4.
"Conservation officer" has the meaning set forth in IC
				  14-8-2-53
				  and is a law enforcement officer under IC
				  9-13-2-92
				  and IC
				  35-31.5-2-185.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 4 - LAW ENFORCEMENT › Rule 1 - Definitions › Section 1-6 - "District" defined

Current through July 10, 2024
Authority: IC
				  14-9-8-3
Affected: IC 14-9-8
Sec. 6.
"District" means a grouping established for the purpose of
				  operation and administration.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 4 - LAW ENFORCEMENT › Rule 1 - Definitions › Section 1-7 - "Division" defined

Current through July 10, 2024
Authority: IC
				  14-9-8-3
Affected: IC
				  14-9-4-1;
				  IC 14-9-8
Sec. 7.
"Division" means the division of law enforcement established
				  under IC
				  14-9-4-1.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 4 - LAW ENFORCEMENT › Rule 1 - Definitions › Section 1-8 - "Division director" defined

Current through July 10, 2024
Authority: IC
				  14-9-8-3
Affected: IC
				  14-9-8-6
Sec. 8.
"Division director" means the director of the division
				  appointed under IC
				  14-9-8-6.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 4 - LAW ENFORCEMENT › Rule 1 - Definitions › Section 1-9 - "Division headquarters" defined

Current through July 10, 2024
Authority: IC
				  14-9-8-3
Affected: IC 14-9-8
Sec. 9.
"Division headquarters" means the permanent headquarters of
				  the division located in the Indiana Government Center-South, 402 West
				  Washington Street, Room W255-D, Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 4 - LAW ENFORCEMENT › Rule 1 - Definitions › Section 1-10 - "Employee" defined

Current through July 10, 2024
Authority: IC
				  14-9-8-3
Affected: IC 14-9-8
Sec. 10.
"Employee" means an individual in the paid service of the
				  division.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 4 - LAW ENFORCEMENT › Rule 1 - Definitions › Section 1-11 - "General order" defined

Current through July 10, 2024
Authority: IC
				  14-9-8-3;
				  IC
				  14-10-2-4
Affected: IC 14-9-8
Sec. 11.
"General order" means a permanent written directive to govern
				  the conduct of all employees that is issued with the approval of the division
				  director and the director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 4 - LAW ENFORCEMENT › Rule 1 - Definitions › Section 1-12 - "Memorandum" defined

Current through July 10, 2024
Authority: IC
				  14-9-8-3
Affected: IC 14-9-8
Sec. 12.
"Memorandum" means an informal written document used to
				  clarify, inform, or inquire. A memorandum used to direct compliance or convey
				  an order must be issued under proper functional authority.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 4 - LAW ENFORCEMENT › Rule 1 - Definitions › Section 1-13 - "Officer trainee" defined

Current through July 10, 2024
Authority: IC
				  14-9-8-3
Affected: IC 14-9-8
Sec. 13.
"Officer trainee" means an employee who is in training to
				  become a conservation officer.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 4 - LAW ENFORCEMENT › Rule 1 - Definitions › Section 1-14 - "Order" defined

Current through July 10, 2024
Authority: IC 14-9-8-3
Affected: IC 14-9-8
Sec. 14.
Notwithstanding
				  312 IAC
				  1-1-25, "order" means a lawful verbal or written
				  instruction or direction that may be provided either generally or
				  specifically.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 4 - LAW ENFORCEMENT › Rule 1 - Definitions › Section 1-15 - "Permanent grade" defined

Current through July 10, 2024
Authority: IC
				  14-9-8-3
Affected: IC
				  14-9-8-12
Sec. 15.
"Permanent grade" means the status achieved after successful
				  completion of the period of probation described under IC
				  14-9-8-12.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 4 - LAW ENFORCEMENT › Rule 1 - Definitions › Section 1-16 - "Policy" defined

Current through July 10, 2024
Authority: IC
				  14-9-8-3
Affected: IC 14-9-8
Sec. 16.
"Policy" means a broad statement of division principles or
				  general division direction with respect to employees that is intended to
				  provide uniform understanding and application. Policy intended to direct
				  compliance or convey an order must be issued under proper functional authority.