§ 14-34-4-5 — Informal conference or public hearing; access to mining area; record of proceedings

Indiana § 14-34-4-5

• Jurisdiction: Indiana
• Art. 34: SURFACE COAL MINING AND RECLAMATION
• Ch. 4: Permit Approval or Denial

Text

(a) If written objections are filed and an
informal conference or a public hearing is requested, the director shall
hold the conference or public hearing in the locality of the proposed
surface coal mining operation within a reasonable time of receipt of the
objections or request. The director shall advertise in a newspaper of
general circulation in the county in which the proposed surface coal
mining operation is located at least two (2) weeks before the scheduled
conference or public hearing the date, time, and location of the
conference or public hearing.
(b) The director may arrange with the applicant, upon request by
any party to the administrative proceeding, access to the proposed
mining area for the purpose of gathering information relevant to the
proceeding.
(c) An electronic or a stenographic record shall be made of the
conference or public hearing. The director shall maintain the record
and have the record accessible to the parties until final release of the
applicant's performance bond.
(d) The director may not hold the conference or public hearing if
any of the following conditions exist:
(1) All parties requesting the conference or public hearing
stipulate agreement before the conference or public hearing and
withdraw their request.
(2) The request fails to comply with the requirements of section
4 of this chapter.
(3) The objections do not concern a matter within the scope of
this article or the commission's rules.
[Pre-1995 Recodification Citation: 13-4.1-4-2(b).]

Legislative History

As added by P.L.1-1995, SEC.27. Amended by P.L.141-2022, SEC.48.