CHAPTER 4. PROCEDURES GOVERNING CERTAIN LICENSES
IC 14-11-4
Chapter 4. Procedures Governing Certain Licenses
IC 14-11-4-1
Applicability of chapter
Sec. 1. This chapter applies to applications for licenses under thefollowing:
(1) IC 14-22-26-3(2) (wild animals).
(2) IC 14-26-2 (lake preservation).
(3) IC 14-26-5 (dams).
(4) IC 14-28-1 (flood control).
(5) IC 14-29-3 (removal of substances from streams).
(6) IC 14-29-4 (construction of channels).
As added by P.L.1-1995, SEC.4.
IC 14-11-4-2
"Owner" defined
Sec. 2. As used in this chapter, "owner" means the person:
(1) listed on the tax assessment rolls as being responsible forthe payment of real property taxes imposed on the property; and
(2) in whose name title to real property is shown in the recordsof the recorder of the county in which the real property islocated.
As added by P.L.1-1995, SEC.4.
IC 14-11-4-3
"License" defined
Sec. 3. As used in this chapter, "license" means a permit, alicense, a concession, or other authorization that may be issued to aperson by:
(1) the director;
(2) the department; or
(3) the commission;
under Indiana law.
As added by P.L.1-1995, SEC.4.
IC 14-11-4-4
Issuance of license 30 days after notice of application given
Sec. 4. The director or the department may not issue a licenseuntil thirty (30) days after the notice required by this chapter hasbeen given. Notice may be given at any time after an application fora license is filed with the department. The department may requireby rule that notice under section 5 of this chapter be provided by thelicense applicant.
As added by P.L.1-1995, SEC.4.
IC 14-11-4-5
Notice of application for license
Sec. 5. (a) If a license application affects real property, notice ofthe application is required as follows: (1) The applicant must notify at least one (1) of the owners ofeach parcel of real property reasonably known to be adjacent tothe affected real property.
(2) The department shall notify the persons who have requestednotification of a license application that:
(A) affects the specific real property to which the applicationrelates; or
(B) is of the same type as the application.
(b) The commission may adopt rules under IC 4-22-2 to requirethe following:
(1) That additional persons be notified of an application for alicense.
(2) That additional forms of notice be given.
As added by P.L.1-1995, SEC.4.
IC 14-11-4-6
Requests for notice
Sec. 6. If notice is not required by section 5 of this chapter, thedepartment shall notify the persons who have requested notice of alicense application that is of the same type as the application.
As added by P.L.1-1995, SEC.4.
IC 14-11-4-7
Manner and contents of notice
Sec. 7. Notice under this chapter shall be given in the samemanner as under IC 4-21.5-3-1, but is not the notice required underIC 4-21.5. Notice must include the following:
(1) Reference to the license application.
(2) An explanation of options available to the person served.
As added by P.L.1-1995, SEC.4.
IC 14-11-4-8
Public hearings
Sec. 8. (a) A public hearing shall be held on the question of theissuance of an original or a renewal license upon any of thefollowing:
(1) The request of the applicant.
(2) The filing of a petition requesting a public hearing that issigned by twenty-five (25) individuals who are at least eighteen(18) years of age and who:
(A) reside in the county where the licensed activity wouldtake place; or
(B) own real property within one (1) mile of the site of theproposed or existing licensed activity.
(3) The motion of the director.
(b) The public hearing authorized by this section does notconstitute an agency action under IC 4-21.5.
(c) If a petition under subsection (a)(2) requests that the publichearing be conducted at a location within a county affected by aproposed license, the department shall conduct the public hearing at
that location.
As added by P.L.1-1995, SEC.4.
IC 14-11-4-9
Adoption of rules
Sec. 9. The commission shall adopt rules under IC 4-22-2 toimplement this chapter.
As added by P.L.1-1995, SEC.4.