IC 14-34-2
    Chapter 2. Regulatory Authority

IC 14-34-2-1
Adoption of rules and performance of duties
    Sec. 1. The commission shall do the following:
        (1) Adopt rules under IC 4-22-2 that do the following:
            (A) Effectuate the purposes of this article.
            (B) Take into account the following:
                (i) The terrain, climate, biologic, chemical, and otherphysical conditions in those areas of Indiana where surfacecoal mining operations may occur.
                (ii) Land use considerations of the state and the state'spolitical subdivisions.
        (2) Perform all other duties required under this article.
As added by P.L.1-1995, SEC.27.

IC 14-34-2-2
Administrative law judges; hearing officer
    Sec. 2. (a) The commission shall appoint the following:
        (1) An administrative law judge to conduct proceedings underIC 4-21.5. An administrative law judge is subject toIC 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 thedepartment for any administrative review proceeding under thisarticle, except for the following:
        (1) Proceedings concerning the approval or disapproval of apermit application or permit renewal under IC 14-34-4-13.
        (2) Proceedings for suspension or revocation of a permit underIC 14-34-15-7.
        (3) Proceedings consolidated with the office of environmentaladjudication under IC 14-10-2-2.5.
    (c) An order made by an administrative law judge granting ordenying temporary relief from a decision of the director is a finalorder of the department.
    (d) Judicial review of a final order made by an administrative lawjudge under subsection (b) or (c) or under IC 13-4.1-2-1(c) orIC 13-4.1-2-1(d) (before their repeal) may be taken underIC 4-21.5-5.
As added by P.L.1-1995, SEC.27. Amended by P.L.84-2008, SEC.5.

IC 14-34-2-3
Duties of director
    Sec. 3. The director shall do the following:
        (1) Supervise the administration and enforcement of thefollowing:
            (A) This article.
            (B) The rules adopted under this article.
        (2) Conduct the necessary investigations and inspections for the

proper administration of this article.
        (3) Order a person who does not hold a valid permit to conductoperations governed by this article to cease those operations andreclaim the area affected to the standards required by thisarticle.
        (4) Order compliance with the following:
            (A) The terms of a permit issued under this article.
            (B) This article.
        (5) Have access to all areas under application for a permit orunder a permit issued under this article and without liability tothe operator or the property owner.
        (6) Submit to a federal or state agency each report required tobe submitted to that agency by law, rule, or regulation andinclude the information in the report that the agency requires.
        (7) Develop a policy and procedures manual to standardize theimplementation of this article. The manual shall be distributedto all individuals who implement or enforce this article.
        (8) Do all things necessary to implement this article.
As added by P.L.1-1995, SEC.27.

IC 14-34-2-4
Powers of director
    Sec. 4. (a) The director may do the following:
        (1) Apply for, accept, and use money from any legal source toaid in carrying out the purposes of this article.
        (2) Conduct research related to coal mining activities.
        (3) Collect and distribute information relating to miningactivities.
        (4) Engage in cooperative projects with an agency of the UnitedStates or of a state to carry out the purposes of this article.
        (5) Request the attorney general to maintain an action in thename of the state in the appropriate court to restraininterference with the exercise of the right to enter or conductwork on any premises as provided by this article.
        (6) With the approval of the governor, acquire and transfer landor transfer jurisdiction of the land to a state agency that can bestuse the land for public purposes.
        (7) Submit to the federal Office of Surface Mining a formalstate program amendment, subject to subsection (b).
    (b) The director may submit a formal amendment to the stateprogram for the regulation of surface coal mining and reclamation tothe federal Office of Surface Mining only after the provisions of theamendment:
        (1) have been approved by the governor; or
        (2) have become law.
As added by P.L.1-1995, SEC.27. Amended by P.L.179-1995, SEC.3.

IC 14-34-2-5
Delegation of powers and duties
    Sec. 5. The director may delegate any powers and duties assigned

to the director in this article to other employees of the department.
As added by P.L.1-1995, SEC.27.

IC 14-34-2-6
Financial interest
    Sec. 6. (a) An employee of the department who has a duty underthis article may not have a direct or an indirect financial interest ina surface coal mining operation.
    (b) In addition to the filings required under IC 35-44-1, eachmember of the commission shall file annually with the director astatement of employment and financial interest on a form prescribedby the department.
    (c) A member of the commission may not participate in aproceeding that may affect the member's direct or indirect financialinterests.
    (d) A person who knowingly violates this section commits a ClassA misdemeanor.
As added by P.L.1-1995, SEC.27.

IC 14-34-2-7
Petition for adoption, amendment, or repeal of a rule
    Sec. 7. (a) After the commission has adopted rules as required bysection 1 of this chapter, any person may petition the commission toinitiate a proceeding for the adoption, amendment, or repeal of a ruleadopted to enforce this article.
    (b) The petition must set forth facts that the petitioner claimsnecessitate the adoption, amendment, or repeal of the rule describedin subsection (a).
    (c) The petition must specify the petitioner's proposed adoption,amendment, or repeal of a rule.
    (d) Upon receipt of the petition, the commission may conduct anynecessary investigations and hold a public hearing that is not subjectto IC 4-21.5 to determine whether the petition should be granted. Thecommission may not hold a public hearing if the petition isincomplete.
    (e) Within ninety (90) days of receipt of the petition, thecommission shall either grant or deny the petition. If the petition isgranted, the commission shall adopt, amend, or repeal the rule underIC 4-22-2. The commission shall send written notice to the petitionersetting forth the reasons for granting or denying the petition.
As added by P.L.1-1995, SEC.27.