Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE ENROLLED ACT No. 134
AN ACT to amend the Indiana Code concerning natural and cultural resources.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-21.5-7-5; (08)SE0134.1.1. -->
SECTION 1. IC 4-21.5-7-5, AS AMENDED BY P.L.99-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 5. Except as provided in IC 14-10-2-2.5, an
environmental law judge is the ultimate authority under this article for
reviews of agency actions of the department of environmental
management, actions of a board described in IC 13-14-9-1, and
challenges to rulemaking actions by a board described in IC 13-14-9-1
made pursuant to IC 4-22-2-44 or IC 4-22-2-45.
SOURCE: IC 4-21.5-7-5.5; (08)SE0134.1.2. -->
SECTION 2. IC 4-21.5-7-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 5.5. A proceeding that is subject
to the jurisdiction of both the office and the natural resources
commission's division of hearings established under IC 14-10-2-2
may be consolidated under IC 14-10-2-2.5.
SOURCE: IC 14-10-2-2.5; (08)SE0134.1.3. -->
SECTION 3. IC 14-10-2-2.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]:
Sec. 2.5. (a) A person who is the party in a hearing under
this title or IC 4-21.5-7 may move to have the:
(1) environmental law judge appointed under IC 4-21.5-7; or
(2) administrative law judge appointed under section 2 of this
chapter;
consolidate multiple proceedings that are subject to the jurisdiction
of both the office of environmental adjudication and the division of
hearings.
(b) The environmental law judge or the administrative law
judge shall grant the motion made under subsection (a) if the
following findings are made:
(1) The proceedings include the following:
(A) Common questions of law or fact.
(B) At least one (1) person, other than the department or
the department of environmental management, who is a
party to all the proceedings.
(C) Issues of water quality, water quantity, or both.
(2) Consolidation may support administrative efficiency.
(c) If a motion to consolidate proceedings has been granted
under subsection (b), the hearing must be conducted by a panel
that consists of at least one (1) environmental law judge and one (1)
administrative law judge. The panel is the ultimate authority for
matters authorized under IC 4-21.5-7-5 and this title. Any party,
including the department and the department of environmental
management, may petition an appropriate court for judicial review
of a final determination of the panel.
(d) The office of environmental adjudication and the division of
hearings shall adopt joint rules to implement this section.
SOURCE: IC 14-10-2-3; (08)SE0134.1.4. -->
SECTION 4. IC 14-10-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. Except as provided
in section 2.5 of this chapter and IC 14-34-2-2, the commission is the
ultimate authority of the department under IC 4-21.5.
SOURCE: IC 14-34-2-2; (08)SE0134.1.5. -->
SECTION 5. IC 14-34-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. (a) The commission
shall appoint the following:
(1) An administrative law judge to conduct proceedings under
IC 4-21.5. An administrative law judge is subject to IC 14-10-2-2.
(2) A hearing officer to conduct proceedings under IC 4-22-2.
(b) An administrative law judge is the ultimate authority for the
department for any administrative review proceeding under this article,
except for the following:
(1) Proceedings concerning the approval or disapproval of a
permit application or permit renewal under IC 14-34-4-13.
(2) Proceedings for suspension or revocation of a permit under
IC 14-34-15-7.
(3) Proceedings consolidated with the office of environmental
adjudication under IC 14-10-2-2.5.
(c) An order made by an administrative law judge granting or
denying temporary relief from a decision of the director is a final order
of the department.
(d) Judicial review of a final order made by an administrative law
judge under subsection (b) or (c) or under IC 13-4.1-2-1(c) or
IC 13-4.1-2-1(d) (before their repeal) may be taken under IC 4-21.5-5.
SEA 134
Figure
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