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 other
physical conditions in those areas of Indiana where surface
coal mining operations may occur.
(ii) Land use considerations of the state and the state's
political 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 under
IC 4-21.5. An administrative law judge is subject to
IC 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 the
department for any administrative review proceeding under this
article, except for the following:
(1) Proceedings concerning the approval or disapproval of a
permit application or permit renewal under IC 14-34-4-13.
(2) Proceedings for suspension or revocation of a permit under
IC 14-34-15-7.
(3) Proceedings consolidated with the office of environmental
adjudication under IC 14-10-2-2.5.
(c) An order made by an administrative law judge granting or
denying temporary relief from a decision of the director is a final
order of the department.
(d) Judicial review of a final order made by an administrative law
judge under subsection (b) or (c) or under IC 13-4.1-2-1(c) or
IC 13-4.1-2-1(d) (before their repeal) may be taken under
IC 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 the
following:
(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 conduct
operations governed by this article to cease those operations and
reclaim the area affected to the standards required by this
article.
(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 or
under a permit issued under this article and without liability to
the operator or the property owner.
(6) Submit to a federal or state agency each report required to
be submitted to that agency by law, rule, or regulation and
include the information in the report that the agency requires.
(7) Develop a policy and procedures manual to standardize the
implementation of this article. The manual shall be distributed
to 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 to
aid in carrying out the purposes of this article.
(2) Conduct research related to coal mining activities.
(3) Collect and distribute information relating to mining
activities.
(4) Engage in cooperative projects with an agency of the United
States or of a state to carry out the purposes of this article.
(5) Request the attorney general to maintain an action in the
name of the state in the appropriate court to restrain
interference with the exercise of the right to enter or conduct
work on any premises as provided by this article.
(6) With the approval of the governor, acquire and transfer land
or transfer jurisdiction of the land to a state agency that can best
use the land for public purposes.
(7) Submit to the federal Office of Surface Mining a formal
state program amendment, subject to subsection (b).
(b) The director may submit a formal amendment to the state
program for the regulation of surface coal mining and reclamation to
the federal Office of Surface Mining only after the provisions of the
amendment:
(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 under
this article may not have a direct or an indirect financial interest in
a surface coal mining operation.
(b) In addition to the filings required under IC 35-44-1, each
member of the commission shall file annually with the director a
statement of employment and financial interest on a form prescribed
by the department.
(c) A member of the commission may not participate in a
proceeding that may affect the member's direct or indirect financial
interests.
(d) A person who knowingly violates this section commits a Class
A 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 by
section 1 of this chapter, any person may petition the commission to
initiate a proceeding for the adoption, amendment, or repeal of a rule
adopted to enforce this article.
(b) The petition must set forth facts that the petitioner claims
necessitate the adoption, amendment, or repeal of the rule described
in 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 any
necessary investigations and hold a public hearing that is not subject
to IC 4-21.5 to determine whether the petition should be granted. The
commission may not hold a public hearing if the petition is
incomplete.
(e) Within ninety (90) days of receipt of the petition, the
commission shall either grant or deny the petition. If the petition is
granted, the commission shall adopt, amend, or repeal the rule under
IC 4-22-2. The commission shall send written notice to the petitioner
setting forth the reasons for granting or denying the petition. As added by P.L.1-1995, SEC.27.
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 other
physical conditions in those areas of Indiana where surface
coal mining operations may occur.
(ii) Land use considerations of the state and the state's
political 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 under
IC 4-21.5. An administrative law judge is subject to
IC 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 the
department for any administrative review proceeding under this
article, except for the following:
(1) Proceedings concerning the approval or disapproval of a
permit application or permit renewal under IC 14-34-4-13.
(2) Proceedings for suspension or revocation of a permit under
IC 14-34-15-7.
(3) Proceedings consolidated with the office of environmental
adjudication under IC 14-10-2-2.5.
(c) An order made by an administrative law judge granting or
denying temporary relief from a decision of the director is a final
order of the department.
(d) Judicial review of a final order made by an administrative law
judge under subsection (b) or (c) or under IC 13-4.1-2-1(c) or
IC 13-4.1-2-1(d) (before their repeal) may be taken under
IC 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 the
following:
(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 conduct
operations governed by this article to cease those operations and
reclaim the area affected to the standards required by this
article.
(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 or
under a permit issued under this article and without liability to
the operator or the property owner.
(6) Submit to a federal or state agency each report required to
be submitted to that agency by law, rule, or regulation and
include the information in the report that the agency requires.
(7) Develop a policy and procedures manual to standardize the
implementation of this article. The manual shall be distributed
to 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 to
aid in carrying out the purposes of this article.
(2) Conduct research related to coal mining activities.
(3) Collect and distribute information relating to mining
activities.
(4) Engage in cooperative projects with an agency of the United
States or of a state to carry out the purposes of this article.
(5) Request the attorney general to maintain an action in the
name of the state in the appropriate court to restrain
interference with the exercise of the right to enter or conduct
work on any premises as provided by this article.
(6) With the approval of the governor, acquire and transfer land
or transfer jurisdiction of the land to a state agency that can best
use the land for public purposes.
(7) Submit to the federal Office of Surface Mining a formal
state program amendment, subject to subsection (b).
(b) The director may submit a formal amendment to the state
program for the regulation of surface coal mining and reclamation to
the federal Office of Surface Mining only after the provisions of the
amendment:
(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 under
this article may not have a direct or an indirect financial interest in
a surface coal mining operation.
(b) In addition to the filings required under IC 35-44-1, each
member of the commission shall file annually with the director a
statement of employment and financial interest on a form prescribed
by the department.
(c) A member of the commission may not participate in a
proceeding that may affect the member's direct or indirect financial
interests.
(d) A person who knowingly violates this section commits a Class
A 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 by
section 1 of this chapter, any person may petition the commission to
initiate a proceeding for the adoption, amendment, or repeal of a rule
adopted to enforce this article.
(b) The petition must set forth facts that the petitioner claims
necessitate the adoption, amendment, or repeal of the rule described
in 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 any
necessary investigations and hold a public hearing that is not subject
to IC 4-21.5 to determine whether the petition should be granted. The
commission may not hold a public hearing if the petition is
incomplete.
(e) Within ninety (90) days of receipt of the petition, the
commission shall either grant or deny the petition. If the petition is
granted, the commission shall adopt, amend, or repeal the rule under
IC 4-22-2. The commission shall send written notice to the petitioner
setting forth the reasons for granting or denying the petition. As added by P.L.1-1995, SEC.27.
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 other
physical conditions in those areas of Indiana where surface
coal mining operations may occur.
(ii) Land use considerations of the state and the state's
political 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 under
IC 4-21.5. An administrative law judge is subject to
IC 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 the
department for any administrative review proceeding under this
article, except for the following:
(1) Proceedings concerning the approval or disapproval of a
permit application or permit renewal under IC 14-34-4-13.
(2) Proceedings for suspension or revocation of a permit under
IC 14-34-15-7.
(3) Proceedings consolidated with the office of environmental
adjudication under IC 14-10-2-2.5.
(c) An order made by an administrative law judge granting or
denying temporary relief from a decision of the director is a final
order of the department.
(d) Judicial review of a final order made by an administrative law
judge under subsection (b) or (c) or under IC 13-4.1-2-1(c) or
IC 13-4.1-2-1(d) (before their repeal) may be taken under
IC 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 the
following:
(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 conduct
operations governed by this article to cease those operations and
reclaim the area affected to the standards required by this
article.
(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 or
under a permit issued under this article and without liability to
the operator or the property owner.
(6) Submit to a federal or state agency each report required to
be submitted to that agency by law, rule, or regulation and
include the information in the report that the agency requires.
(7) Develop a policy and procedures manual to standardize the
implementation of this article. The manual shall be distributed
to 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 to
aid in carrying out the purposes of this article.
(2) Conduct research related to coal mining activities.
(3) Collect and distribute information relating to mining
activities.
(4) Engage in cooperative projects with an agency of the United
States or of a state to carry out the purposes of this article.
(5) Request the attorney general to maintain an action in the
name of the state in the appropriate court to restrain
interference with the exercise of the right to enter or conduct
work on any premises as provided by this article.
(6) With the approval of the governor, acquire and transfer land
or transfer jurisdiction of the land to a state agency that can best
use the land for public purposes.
(7) Submit to the federal Office of Surface Mining a formal
state program amendment, subject to subsection (b).
(b) The director may submit a formal amendment to the state
program for the regulation of surface coal mining and reclamation to
the federal Office of Surface Mining only after the provisions of the
amendment:
(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 under
this article may not have a direct or an indirect financial interest in
a surface coal mining operation.
(b) In addition to the filings required under IC 35-44-1, each
member of the commission shall file annually with the director a
statement of employment and financial interest on a form prescribed
by the department.
(c) A member of the commission may not participate in a
proceeding that may affect the member's direct or indirect financial
interests.
(d) A person who knowingly violates this section commits a Class
A 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 by
section 1 of this chapter, any person may petition the commission to
initiate a proceeding for the adoption, amendment, or repeal of a rule
adopted to enforce this article.
(b) The petition must set forth facts that the petitioner claims
necessitate the adoption, amendment, or repeal of the rule described
in 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 any
necessary investigations and hold a public hearing that is not subject
to IC 4-21.5 to determine whether the petition should be granted. The
commission may not hold a public hearing if the petition is
incomplete.
(e) Within ninety (90) days of receipt of the petition, the
commission shall either grant or deny the petition. If the petition is
granted, the commission shall adopt, amend, or repeal the rule under
IC 4-22-2. The commission shall send written notice to the petitioner
setting forth the reasons for granting or denying the petition. As added by P.L.1-1995, SEC.27.
