CHAPTER 7. ENVIRONMENTAL ADJUDICATION
IC 4-21.5-7
Chapter 7. Environmental Adjudication
IC 4-21.5-7-1
"Director" defined
Sec. 1. As used in this chapter, "director" refers to the director ofthe office of environmental adjudication established by section 3 ofthis chapter.
As added by P.L.41-1995, SEC.2.
IC 4-21.5-7-2
"Office" defined
Sec. 2. As used in this chapter, "office" refers to the office ofenvironmental adjudication established by section 3 of this chapter.
As added by P.L.41-1995, SEC.2.
IC 4-21.5-7-3
Office of environmental adjudication; duties
Sec. 3. (a) The office of environmental adjudication is establishedto review, under this article, agency actions of the department ofenvironmental management, actions of a board described inIC 13-14-9-1, and challenges to rulemaking actions by a boarddescribed in IC 13-14-9-1 made pursuant to IC 4-22-2-44 orIC 4-22-2-45.
(b) The office of environmental adjudication shall:
(1) conduct adjudicatory hearings required to implement:
(A) air pollution control laws (as defined in IC 13-11-2-6),water pollution control laws (as defined in IC 13-11-2-261),environmental management laws (as defined inIC 13-11-2-71), and IC 13-19;
(B) rules of:
(i) the air pollution control board;
(ii) the water pollution control board;
(iii) the solid waste management board; and
(iv) the financial assurance board; and
(C) agency action of the department of environmentalmanagement; and
(2) notify a board referred to in subdivision (1)(B) of a finalorder of the office of environmental adjudication that interprets:
(A) a rule of the board; or
(B) a statute under which a rule of the board is authorized.
As added by P.L.41-1995, SEC.2. Amended by P.L.1-1996, SEC.27;P.L.240-2003, SEC.1; P.L.99-2005, SEC.1.
IC 4-21.5-7-4
Employees
Sec. 4. The office consists of the following employees:
(1) A director appointed by the governor who may serve as anenvironmental law judge.
(2) Environmental law judges, employed by the director. (3) Any other staff, employed by the director, that are necessaryto carry out the functions of the office.
(b) In the event of a vacancy, the governor shall appoint thedirector based upon recommendations by a four member (4) panel.Not more than two (2) members of the panel may be affiliated withthe same political party. The panel shall consist of:
(1) one (1) person, who shall serve as the chair of the panel,appointed by the chief justice of the supreme court of Indiana;
(2) one (1) person appointed by the governor;
(3) one (1) person appointed by the speaker of the house ofrepresentatives;
(4) one (1) person appointed by the president pro tempore of thesenate;
The panel shall nominate three (3) candidates for each vacancy andcertify them to the governor as promptly as possible, but not laterthan sixty (60) days from the date a vacancy occurs. Not later thanthirty (30) days after receipt of the panel's list of three (3) candidates,the governor may select one (1) candidate from the panel's list, or thegovernor may request that the panel nominate three (3) additionalcandidates. The panel shall meet whenever there is a vacancy in thedirector position.
As added by P.L.41-1995, SEC.2.
IC 4-21.5-7-5
Decisions reviewed by law judge
Sec. 5. Except as provided in IC 14-10-2-2.5, an environmentallaw judge is the ultimate authority under this article for reviews ofagency actions of the department of environmental management,actions of a board described in IC 13-14-9-1, and challenges torulemaking actions by a board described in IC 13-14-9-1 madepursuant to IC 4-22-2-44 or IC 4-22-2-45.
As added by P.L.41-1995, SEC.2. Amended by P.L.99-2005, SEC.2;P.L.84-2008, SEC.1.
IC 4-21.5-7-5.5
Consolidated proceedings
Sec. 5.5. A proceeding that is subject to the jurisdiction of boththe office and the natural resources commission's division of hearingsestablished under IC 14-10-2-2 may be consolidated underIC 14-10-2-2.5.
As added by P.L.84-2008, SEC.2.
IC 4-21.5-7-6
Qualification and removal of law judge and director; appointmentof special judge
Sec. 6. (a) An environmental law judge hired after July 1, 1995,and the director must:
(1) be attorneys admitted to the bar of Indiana;
(2) have at least five (5) years of experience practicingadministrative or environmental law in Indiana; (3) be independent of the department of environmentalmanagement; and
(4) be subject to all provisions applicable to an administrativelaw judge under this article.
(b) The director or an environmental law judge may be removedfor cause under:
(1) this article;
(2) IC 4-15-2, through application of the standards for removalfor cause of a person in the state service (as defined inIC 4-15-2-3.8); or
(3) applicable provisions of the code of judicial conduct.
(c) The director may appoint a special environmental law judge.The special environmental law judge must meet the requirements ofsubsection (a).
As added by P.L.41-1995, SEC.2. Amended by P.L.99-2005, SEC.3.
IC 4-21.5-7-7
Powers of office
Sec. 7. The office may:
(1) adopt forms; and
(2) establish procedural rules IC 4-22-2;
consistent with this article.
As added by P.L.41-1995, SEC.2.
IC 4-21.5-7-8
Proposed budget; payment of expenses
Sec. 8. (a) The director shall prepare the proposed budget for theoffice.
(b) The expenses of the office shall be paid from money allottedto the office of environmental adjudication to maintain the office.
As added by P.L.41-1995, SEC.2. Amended by P.L.25-1997, SEC.2.
IC 4-21.5-7-9
Receipt and acceptance of gifts
Sec. 9. The office, on behalf of the state, may accept and receivefrom any source gifts and other funds that are made available to thestate for the purposes of this chapter.
As added by P.L.25-1997, SEC.3.