SOURCE: Page 1, line 1; (13)AM058601.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 13-14-2-1; (13)AM058601.1. -->
"SECTION 1. IC 13-14-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) This section
applies to any:
(1) determination made by the commissioner;
(2) order issued by the commissioner; and
(3) notice issued by the department;
under this title.
(b) The commissioner may issue orders and make determinations.
under this title.
(b) (c) An order issued under this section may address multiple sites
for the purpose of arranging for site investigations and the
establishment of priority of sites.
(d) Notice of a determination made or an order issued by the
commissioner must be given under IC 4-21.5-3-1, unless a person
provides a written request to the department for a different
method of notice that is reasonably available to the department.
(e) The department:
(1) shall make a good faith effort to provide notice of an order
or a determination according to subsection (d); and
(2) bears the burden of persuasion that the notice has been
provided.
(f) Failure to receive notice does not invalidate an order or a
determination, unless the person required to receive notice of an
order or a determination is substantially prejudiced by the lack of
notice. The burden of persuasion as to substantial prejudice is on
the person claiming the lack of notice.".
SOURCE: Page 1, line 2; (13)AM058601.1. -->
Page 1, line 2, delete "(a)".
Page 1, line 6, strike "by".
Page 1, line 7, delete "electronic mail" and insert "
in accordance
with IC 13-14-2-1".
Page 1, delete lines 9 through 11.
Page 2, line 1, strike "by".
Page 2, line 2, delete "electronic mail or United States mail." and
insert "
in accordance with IC 13-14-2-1.".
Page 2, line 27, strike "by".
Page 2, line 28, delete "electronic mail or United" and insert "
in
accordance with IC 13-14-2-1".
Page 2, line 29, delete "States mail".
Page 3, line 1, strike "by".
Page 3, line 1, delete "electronic" and insert "
in accordance with
IC 13-14-2-1".
Page 3, line 2, delete "mail or United States mail".
Page 3, line 13, strike "by".
Page 3, line 14, delete "electronic mail or United States mail" and
insert "
in accordance with IC 13-14-2-1".
Page 3, line 34, strike "by".
Page 3, line 35, delete "electronic mail or United States mail" and
insert "
in accordance with IC 13-14-2-1".
Page 4, line 23, delete "electronic" and insert "
United States".
Page 5, line 12, strike "by".
Page 5, line 12, after "mail" delete "the" and insert "
in the".
Page 5, line 26, delete "notice:" and insert "
notice in accordance
with IC 13-14-2-1.".
Page 5, line 27, delete "(1) by United States mail".
Page 5, line 27, strike "addressed to the alleged violator at the".
Page 5, strike line 28.
Page 5, line 29, strike "business;".
Page 5, line 29, delete "or".
Page 5, delete lines 30 through 31.
Renumber all SECTIONS consecutively.
(Reference is to SB 586 as introduced.)
and when so amended that said bill do pass .
Committee Vote: Yeas 6, Nays 1.
____________________________________
Senator Charbonneau, Chairperson
AM 058601/DI 118 2013