§ 14-34-2-7 — Petition for adoption, amendment, or repeal of a rule

Indiana § 14-34-2-7

• Jurisdiction: Indiana
• Art. 34: SURFACE COAL MINING AND RECLAMATION
• Ch. 2: Regulatory Authority

Text

(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.
(f) A determination under this section is subject to an administrative
adjudication under IC 4-21.5.
[Pre-1995 Recodification Citation: 13-4.1-2-4.]

Legislative History

As added by P.L.1-1995, SEC.27. Amended by P.L.92-2025, SEC.55.