CHAPTER 2. POWERS AND DUTIES OF COMMISSION
IC 14-10-2
Chapter 2. Powers and Duties of Commission
IC 14-10-2-1
Powers of commission
Sec. 1. The commission may do the following:
(1) Take the action that is necessary to enable the state toparticipate in the programs set forth in 16 U.S.C. 470 et seq.
(2) Promulgate and maintain a state register of districts, sites,buildings, structures, and objects significant in American orIndiana history, architecture, archeology, and culture andexpend money for the purpose of preparing comprehensivestatewide historic surveys and plans, in accordance with criteriaestablished by the commission, that comply with the standardsand regulations promulgated by the United States Secretary ofthe Interior for the preservation, acquisition, and developmentof the properties.
(3) Establish in accordance with criteria established by theUnited States Secretary of the Interior a program of matchinggrants-in-aid to public agencies for projects having as theirpurpose the preservation for public benefit of properties that aresignificant in American or Indiana history, architecture,archeology, and culture.
(4) Accept grants from public and private sources, includingthose provided under 16 U.S.C. 470 et seq.
(5) Establish fees for the following:
(A) Programs of the department or the commission.
(B) Facilities owned or operated by the department or thecommission or a lessee of the department or commission.
(C) Licenses issued by the commission, the department, orthe director.
(D) Inspections or other similar services under this titleperformed by the department or an assistant or employee ofthe department.
(6) Adopt rules under IC 4-22-2 for the establishment of feesunder subdivision (5).
As added by P.L.1-1995, SEC.3. Amended by P.L.246-2005,SEC.115.
IC 14-10-2-2
Appointment of administrative law judges; removal of judges;division of hearings; appointment of special judge
Sec. 2. (a) The commission shall appoint administrative lawjudges. An administrative law judge:
(1) is subject to IC 4-15-2; and
(2) may be removed for cause under:
(A) IC 4-21.5;
(B) IC 4-15-2, through application of the standards forremoval for cause of a person in the state service (as definedin IC 4-15-2-3.8); or (C) applicable provisions of the code of judicial conduct.
(b) The commission shall create a division of hearings. Thedivision of hearings shall assist the commission in performing thefunctions of this section. The director of the division of hearings mayappoint a special administrative law judge.
(c) A person who is not appointed by:
(1) the director of the division of hearings; or
(2) the commission;
may not act as an administrative law judge.
As added by P.L.1-1995, SEC.3. Amended by P.L.99-2005, SEC.4.
IC 14-10-2-2.5
Consolidated proceedings
Sec. 2.5. (a) A person who is the party in a hearing under this titleor 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 thischapter;
consolidate multiple proceedings that are subject to the jurisdictionof both the office of environmental adjudication and the division ofhearings.
(b) The environmental law judge or the administrative law judgeshall grant the motion made under subsection (a) if the followingfindings 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 thedepartment of environmental management, who is a party toall 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 undersubsection (b), the hearing must be conducted by a panel thatconsists of at least one (1) environmental law judge and one (1)administrative law judge. The panel is the ultimate authority formatters authorized under IC 4-21.5-7-5 and this title. Any party,including the department and the department of environmentalmanagement, may petition an appropriate court for judicial review ofa final determination of the panel.
(d) The office of environmental adjudication and the division ofhearings shall adopt joint rules to implement this section.
As added by P.L.84-2008, SEC.3.
IC 14-10-2-3
Commission as ultimate authority of department
Sec. 3. Except as provided in section 2.5 of this chapter andIC 14-34-2-2, the commission is the ultimate authority of thedepartment under IC 4-21.5.
As added by P.L.1-1995, SEC.3. Amended by P.L.84-2008, SEC.4.
IC 14-10-2-4
Adoption of rules
Sec. 4. (a) The commission shall adopt rules under IC 4-22-2 tocarry out the commission's duties under this title.
(b) The commission may adopt rules to exempt an activity fromlicensing under this title, except:
(1) IC 14-34;
(2) IC 14-36-1; and
(3) IC 14-38-2;
if the activity poses not more than a minimal potential for harm.
(c) Except as provided in subsection (d), whenever the departmentor the director has the authority to adopt rules under IC 4-22-2, thecommission shall exclusively exercise the authority.
(d) Emergency rules adopted under section 5 of this chapter shallbe adopted by the director.
As added by P.L.1-1995, SEC.3.
IC 14-10-2-5
Emergency rules
Sec. 5. (a) The department may adopt emergency rules underIC 4-22-2-37.1 to carry out the duties of the department under thefollowing:
(1) IC 14-9.
(2) This article.
(3) IC 14-11.
(4) IC 14-12-2.
(5) IC 14-14.
(6) IC 14-17-3.
(7) IC 14-18, except IC 14-18-6 and IC 14-18-8.
(8) IC 14-19-1 and IC 14-19-8.
(9) IC 14-20-1.
(10) IC 14-21.
(11) IC 14-22-3, IC 14-22-4, and IC 14-22-5.
(12) IC 14-23-1.
(13) IC 14-25, except IC 14-25-8-3, IC 14-25-11, andIC 14-25-13.
(14) IC 14-26.
(15) IC 14-27.
(16) IC 14-28.
(17) IC 14-29.
(18) IC 14-35-1, IC 14-35-2, and IC 14-35-3.
(b) A rule adopted under subsection (a) expires not later than one(1) year after the rule is accepted for filing by the publisher of theIndiana Register.
As added by P.L.1-1995, SEC.3. Amended by P.L.186-2003, SEC.34;P.L.123-2006, SEC.32.
IC 14-10-2-6
Notices of violation
Sec. 6. (a) The commission may issue a notice of violation to a
person who violates a law administered by the department for whicha misdemeanor or an infraction penalty is established. If the person:
(1) receives the notice; and
(2) fails to abate the violation within a period of not less thanfifteen (15) days specified in the notice;
the commission may impose a charge that does not exceed themaximum amount that may be assessed by a court for committing theviolation.
(b) IC 4-21.5 applies to proceedings by the commission under thissection. The department has the burden of proving the allegedviolation by a preponderance of the evidence.
(c) A separate notice of violation may be issued or a separatecharge imposed for each day a violation occurs.
(d) The person may establish as an affirmative defense the filingby a prosecuting attorney of a misdemeanor information or infractioncomplaint based on the same event as that upon which the notice ofviolation was based. The person has the burden of proving theaffirmative defense.
(e) The remedy provided by this section is supplemental to otherremedies.
As added by P.L.1-1995, SEC.3.