Indiana § 14-34-15-9 - Application for review

§ 14-34-15-9. Application for review

Sec. 9. (a) Any person having an interest that is or may be adversely affected by the issuance under this chapter or under IC 13-4.1-11 (before its repeal) of:

(1) a notice of violation;

(2) a cessation order;

(3) the modification of a notice of violation or a cessation order;

(4) the vacation of a notice of violation or a cessation order; or

(5) the termination of a notice of violation or a cessation order;

may apply to the commission for review of the notice, order, modification, vacation, or termination within thirty (30) days from the date of issuance. The filing of an application for review does not operate as a stay of an order or a notice.

(b) Upon receipt of an application for review under subsection (a), the commission shall conduct an investigation of the circumstances relating to the issuance of the notice or order or modification, vacation, or termination of the notice or order. The investigation shall provide an opportunity for a public hearing to enable interested persons to present information relating to:

(1) the issuance and continuance of the notice or order; or

(2) the modification, vacation, or termination of the notice or order.

(c) If a public hearing is requested under subsection (b), the commission shall do the following:

(1) Conduct the hearing in accordance with IC 4-21.5-3.

(2) Give written notice to the permittee and other interested parties of the time and place of the hearing at least five (5) days before the hearing.

(d) Upon completion of the investigation conducted under subsection (b), the commission shall make findings of fact and issue a written final decision. The written final decision must include an order vacating, affirming, modifying, or terminating the notice or order or the modification, vacation, or termination of the notice or order. If:

(1) the application for review concerns an order for cessation of a surface coal mining and reclamation operation; and

(2) the cessation order has directly or indirectly ordered the ceasing of surface or underground mining activities;

the commission shall issue the written decision within thirty (30) days of receipt of the application for review unless the commission under subsection (e) or the court under judicial review of the commission's decision under IC 4-21.5-5 grants temporary relief.

(e) Pending completion of the investigation and hearing required by subsection (b) and the hearing required by section 7 of this chapter, the applicant may file with the commission a written request that the commission grant temporary relief from a notice or an order issued under this chapter or under IC 13-4.1-11 (before its repeal). The written request must include a detailed statement of the reasons why temporary relief is appropriate. The commission shall issue an order or a decision granting or denying the requested relief expeditiously. However, if the applicant requests relief from an order for cessation of coal mining and reclamation operations issued under section 6 of this chapter, the commission shall issue the order or decision on the request within five (5) days of receipt of the request. The commission may grant temporary relief, under the conditions that the commission prescribes, if the following conditions are met:

(1) A hearing was held in the locality of the permit area on the request for temporary relief in which all parties were given an opportunity to be heard.

(2) The applicant showed there is substantial likelihood that the findings of the commission will be favorable to the applicant.

(3) Temporary relief will not do any of the following:

(A) Adversely affect the health or safety of the public.

(B) Cause significant, imminent environmental harm to land, air, or water resources.

[Pre-1995 Recodification Citation: 13-4.1-11-8.]

As added by P.L.1-1995, SEC.27.