§ 14-34-15-9 — Application for review

(a) Any person having an interest that is or
may be adversely affected by the issuance under this chapter or under
IC 13-4.1-11 (before its repeal) of:
(1) a notice of violation;
(2) a cessation order;
(3) the modification of a notice of violation or a cessation order;
(4) the vacation of a notice of violation or a cessation order; or
(5) the termination of a notice of violation or a cessation order;
may apply to the commission for review of the notice, order,
modification, vacation, or termination within thirty (30) days from the
date of issuance. The filing of an application for review does not
operate as a stay of an order or a notice.
(b) Upon receipt of an application for review under subsection (a),
the commission shall conduct an investigation of the circumstances
relating to the issuance of the notice or order or modification, vacation,
or termination of the notice or order. The investigation shall provide an
opportunity for a public hearing to enable interested persons to present
information relating to:
(1) the issuance and continuance of the notice or order; or
(2) the modification, vacation, or termination of the notice or
order.
(c) If a public hearing is requested under subsection (b), the
commission shall do the following:
(1) Conduct the hearing in accordance with IC 4-21.5-3.
(2) Give written notice to the permittee and other interested
parties of the time and place of the hearing at least five (5) days
before the hearing.
(d) Upon completion of the investigation conducted under
subsection (b), the commission shall make findings of fact and issue a
written final decision. The written final decision must include an order
vacating, affirming, modifying, or terminating the notice or order or the
modification, vacation, or termination of the notice or order. If:
(1) the application for review concerns an order for cessation of
a surface coal mining and reclamation operation; and
(2) the cessation order has directly or indirectly ordered the
ceasing of surface or underground mining activities;
the commission shall issue the written decision within thirty (30) days
of receipt of the application for review unless the commission under
subsection (e) or the court under judicial review of the commission's
decision under IC 4-21.5-5 grants temporary relief.
(e) Pending completion of the investigation and hearing required by
subsection (b) and the hearing required by section 7 of this chapter, the
applicant may file with the commission a written request that the
commission grant temporary relief from a notice or an order issued
under this chapter or under IC 13-4.1-11 (before its repeal). The written
request must include a detailed statement of the reasons why temporary
relief is appropriate. The commission shall issue an order or a decision
granting or denying the requested relief expeditiously. However, if the
applicant requests relief from an order for cessation of coal mining and
reclamation operations issued under section 6 of this chapter, the
commission shall issue the order or decision on the request within five
(5) days of receipt of the request. The commission may grant temporary
relief, under the conditions that the commission prescribes, if the
following conditions are met:
(1) A hearing was held in the locality of the permit area on the
request for temporary relief in which all parties were given an
opportunity to be heard.
(2) The applicant showed there is substantial likelihood that the
findings of the commission will be favorable to the applicant.
(3) Temporary relief will not do any of the following:
(A) Adversely affect the health or safety of the public.
(B) Cause significant, imminent environmental harm to land,
air, or water resources.
[Pre-1995 Recodification Citation: 13-4.1-11-8.]

Legislative History

As added by P.L.1-1995, SEC.27.