(a)Notice must be given under this section
concerning the following:
(1)The denial of a driver's license by the bureau of motor vehicles
under IC 9.
(2)The grant, renewal, restoration, transfer, or denial of a
noncommercial fishing or hunting license by the department of
natural resources under IC 14.
(3)The grant, renewal, restoration, transfer, or denial of a license
by an entity described in IC 25-0.5-9.
(4)The grant, renewal, suspension, revocation, or denial of a
certificate of registration under IC 25-5.2.
(5)A personnel decision by an agency.
(6)The grant, renewal, restoration, transfer, or denial of a license
by the department of environmental management or the
commissioner of the department under the following:
(A)Environmental management laws (as defined in IC 13-11-2-71)
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(a) Notice must be given under this section
concerning the following:
(1) The denial of a driver's license by the bureau of motor vehicles
under IC 9.
(2) The grant, renewal, restoration, transfer, or denial of a
noncommercial fishing or hunting license by the department of
natural resources under IC 14.
(3) The grant, renewal, restoration, transfer, or denial of a license
by an entity described in IC 25-0.5-9.
(4) The grant, renewal, suspension, revocation, or denial of a
certificate of registration under IC 25-5.2.
(5) A personnel decision by an agency.
(6) The grant, renewal, restoration, transfer, or denial of a license
by the department of environmental management or the
commissioner of the department under the following:
(A) Environmental management laws (as defined in IC 13-11-2-71) for the construction, installation, or modification
of:
(i) sewers and appurtenant facilities, devices, or structures for
the collection and transport of sewage (as defined in IC 13-11-2-200) or storm water to a storage or treatment facility
or to a point of discharge into the environment; or
(ii) pipes, pumps, and appurtenant facilities, devices, or
structures that are part of a public water system (as defined in
IC 13-11-2-177.3) and that are used to transport water to a
storage or treatment facility or to distribute water to the users
of the public water system;
where a federal, state, or local governmental body has given or
will give public notice and has provided or will provide an
opportunity for public participation concerning the activity that
is the subject of the license.
(B) Environmental management laws (as defined in IC 13-11-2-71) for the registration of a device or a piece of
equipment.
(C) IC 13-17-6-1 for a person to engage in the inspection,
management, and abatement of asbestos containing material.
(D) IC 13-18-11 for a person to operate a wastewater treatment
plant.
(E) IC 13-15-10 for a person to operate the following:
(i) A solid waste incinerator or a waste to energy facility.
(ii) A land disposal site.
(iii) A facility described under IC 13-15-1-3 whose operation
could have an adverse impact on the environment if not
operated properly.
(F) IC 13-20-4 for a person to operate a municipal waste
collection and transportation vehicle.
(b) When an agency issues an order described by subsection (a), the
agency shall give a written notice of the order to the following persons:
(1) Each person to whom the order is specifically directed.
(2) Each person to whom a law requires notice to be given.
A person that is entitled to notice under this subsection is not a party
to any proceeding resulting from the grant of a petition for review
under section 7 of this chapter unless the person is designated as a
party on the record of the proceeding.
(c) The notice must include the following:
(1) A brief description of the order.
(2) A brief explanation of the available procedures and the time
limit for seeking administrative review of the order under section
7 of this chapter.
(3) Any information required by law.
(d) An order under this section is effective when it is served.
However, if a timely and sufficient application has been made for
renewal of a license described by subsection (a)(3) and review is
granted under section 7 of this chapter, the existing license does not
expire until the agency has disposed of the proceeding under this
chapter concerning the renewal, unless a statute other than this article
provides otherwise. This subsection does not preclude an agency from
issuing under IC 4-21.5-4 an emergency or other temporary order with
respect to the license.
(e) If a petition for review of an order described in subsection (a) is
filed within the period set by section 7 of this chapter and a petition for
stay of effectiveness of the order is filed by a party or another person
that has a pending petition for intervention in the proceeding, an
administrative law judge shall, as soon as practicable, conduct a
preliminary hearing to determine whether the order should be stayed in
whole or in part. The burden of proof in the preliminary hearing is on
the person seeking the stay. The administrative law judge may stay the
order in whole or in part. The order concerning the stay may be issued
after an order described in subsection (a) becomes effective. The
resulting order concerning the stay shall be served on the parties and
any person that has a pending petition for intervention in the
proceeding. It must include a statement of the facts and law on which
it is based.