Indiana § 13-26-2-6 - Notice and hearing

§ 13-26-2-6. Notice and hearing

Sec. 6. (a) Except as provided in section 9 of this chapter, the hearing officer shall fix a time and place inside or within ten (10) miles of the proposed district for the hearing on any matter for which a hearing is authorized under this chapter.

(b) The hearing officer shall make a reasonable effort to provide notice of the hearing as follows:

(1) By publication of notice two (2) times each week for two (2) consecutive weeks:

(A) with each notice:

(i) published in at least two (2) newspapers of general circulation in each of the counties, in whole or in part, in the district;

(ii) at a minimum, including a legal notice and a prominently displayed three (3) inches by five (5) inches advertisement; and

(iii) published through electronic means in a manner that maximizes notice of the hearing; or

(B) with the first publication of notice in the newspapers described in clause (A) and all subsequent publications of notice:

(i) in accordance with IC 5-3-5 and on the official website of each of the counties, in whole or in part, in the district; or

(ii) in an electronic manner that maximizes notice of the hearing to the impacted individuals.

(2) By United States mail or electronically sent at least two (2) weeks before the hearing to the following:

(A) The fiscal and executive bodies of each county with territory in the proposed district.

(B) The executive of all other eligible entities with territory in the proposed district, including the executive of a city or town that has:

(i) a municipal sewage works under IC 36-9-23; or

(ii) a public sanitation department under IC 36-9-25;

having extraterritorial jurisdiction within the boundaries of the area to be included in the proposed district.

(C) The state and any of its agencies owning, controlling, or leasing land within the proposed district, excluding highways and public thoroughfares owned or controlled by the Indiana department of transportation.

(D) Each sewage disposal company holding a certificate of territorial authority under IC 8-1-2-89 respecting territory in the proposed district.

(3) By making a reasonable effort to provide notice of the hearing by regular United States mail, postage prepaid, mailed at least two (2) weeks before the hearing to each freeholder within the proposed district or electronically at least two (2) weeks before the hearing to each freeholder within the proposed district.

(4) By including the date on which the hearing is to be held and a brief description of:

(A) the subject of the petition, including a description of the general boundaries of the area to be included in the proposed district; and

(B) the locations where copies of the petition are available for viewing.

[Pre-1996 Recodification Citation: 13-3-2-5(a) part.]

As added by P.L.1-1996, SEC.16. Amended by P.L.106-2000, SEC.1; P.L.1-2001, SEC.22; P.L.263-2013, SEC.7; P.L.165-2018, SEC.4; P.L.152-2021, SEC.14; P.L.27-2024, SEC.9.