§ 13-26-2-6 — Notice and hearing

Indiana § 13-26-2-6

• Jurisdiction: Indiana
• Art. 26: REGIONAL WATER, SEWAGE, AND SOLID
• Ch. 2: Establishment of Regional Districts

Text

(a) Except as provided in section 9 of this
chapter, the hearing officer shall fix a time and place inside or within
ten (10) miles of the proposed district for the hearing on any matter for
which a hearing is authorized under this chapter.
(b) The hearing officer shall make a reasonable effort to provide
notice of the hearing as follows:
(1) By publication of notice two (2) times each week for two (2)
consecutive weeks:
(A) with each notice:
(i) published in at least two (2) newspapers of general
circulation in each of the counties, in whole or in part, in the
district;
(ii) at a minimum, including a legal notice and a prominently
displayed three (3) inches by five (5) inches advertisement;
and
(iii) published through electronic means in a manner that
maximizes notice of the hearing; or
(B) with the first publication of notice in the newspapers
described in clause (A) and all subsequent publications of
notice:
(i) in accordance with IC 5-3-5 and on the official website of
each of the counties, in whole or in part, in the district; or
(ii) in an electronic manner that maximizes notice of the
hearing to the impacted individuals.
(2) By United States mail or electronically sent at least two (2)
weeks before the hearing to the following:
(A) The fiscal and executive bodies of each county with
territory in the proposed district.
(B) The executive of all other eligible entities with territory in
the proposed district, including the executive of a city or town
that has:
(i) a municipal sewage works under IC 36-9-23; or
(ii) a public sanitation department under IC 36-9-25;
having extraterritorial jurisdiction within the boundaries of the
area to be included in the proposed district.
(C) The state and any of its agencies owning, controlling, or
leasing land within the proposed district, excluding highways
and public thoroughfares owned or controlled by the Indiana
department of transportation.
(D) Each sewage disposal company holding a certificate of
territorial authority under IC 8-1-2-89 respecting territory in the
proposed district.
(3) By making a reasonable effort to provide notice of the hearing
by regular United States mail, postage prepaid, mailed at least two
(2) weeks before the hearing to each freeholder within the
proposed district or electronically at least two (2) weeks before
the hearing to each freeholder within the proposed district.
(4) By including the date on which the hearing is to be held and
a brief description of:
(A) the subject of the petition, including a description of the
general boundaries of the area to be included in the proposed
district; and
(B) the locations where copies of the petition are available for
viewing.
[Pre-1996 Recodification Citation: 13-3-2-5(a) part.]

Legislative History

As added by P.L.1-1996, SEC.16. Amended by P.L.106-2000, SEC.1; P.L.1-2001, SEC.22; P.L.263-2013, SEC.7; P.L.165-2018, SEC.4; P.L.152-2021, SEC.14; P.L.27-2024, SEC.9.