4-21.5-7-3. Office of Environmental Adjudication; Duties
Sec. 3. (a) The office of environmental adjudication is established to review, under this article, agency actions of the department of environmental management, actions of a board described in IC 13-14-9-1, and challenges to rulemaking actions by a board described in IC 13-14-9-1 made pursuant to IC 4-22-2-44 or IC 4-22-2-45. (b) The office of […]
4-21.5-7-4. Employees
Sec. 4. (a) The office consists of the following employees: (1) A director, appointed by the governor, who may serve as an environmental law judge. (2) Environmental law judges, employed by the director. (3) Any other staff, employed by the director, that are necessary to carry out the functions of the office. (b) In the […]
4-21.5-7-5. Decisions Reviewed by Law Judge
Sec. 5. (a) Except as provided in IC 14-10-2-2.5, an environmental law judge is the ultimate authority under this article for reviews of agency actions of the department of environmental management, actions of a board described in IC 13-14-9-1, and challenges to rulemaking actions by a board described in IC 13-14-9-1 made pursuant to IC […]
4-21.5-7-5.5. Consolidated Proceedings
Sec. 5.5. A proceeding that is subject to the jurisdiction of both the office and the natural resources commission’s division of hearings established under IC 14-10-2-2 may be consolidated under IC 14-10-2-2.5. As added by P.L.84-2008, SEC.2.
4-21.5-7-6. Qualifications of Law Judge and Director; Appointment of Special Judge
Sec. 6. (a) An environmental law judge hired after July 1, 1995, and the director must: (1) be attorneys admitted to the bar of Indiana; (2) have at least five (5) years of experience practicing administrative or environmental law in Indiana; (3) be independent of the department of environmental management; and (4) be subject to […]
4-21.5-7-7. Powers of Office
Sec. 7. The office may: (1) adopt forms; and (2) establish procedural rules under IC 4-22-2; consistent with this article. As added by P.L.41-1995, SEC.2. Amended by P.L.137-2021, SEC.1.
4-21.5-7-8. Proposed Budget; Payment of Expenses
Sec. 8. (a) The director shall prepare the proposed budget for the office. (b) The expenses of the office shall be paid from money allotted to the office of environmental adjudication to maintain the office. As added by P.L.41-1995, SEC.2. Amended by P.L.25-1997, SEC.2.
4-21.5-7-9. Receipt and Acceptance of Gifts
Sec. 9. The office, on behalf of the state, may accept and receive from any source gifts and other funds that are made available to the state for the purposes of this chapter. As added by P.L.25-1997, SEC.3.
4-21.5-6-2. Enforcement of Subpoenas, Discovery Orders, and Protective Orders
Sec. 2. (a) This section applies only to the enforcement of a subpoena, discovery order, or protective order issued by an agency under this article. (b) Any party to a proceeding before an agency who has obtained an order from an administrative law judge may apply for a court order in a circuit or superior […]
4-21.5-6-3. Civil Actions
Sec. 3. (a) This section does not apply to the enforcement of a subpoena, discovery order, or protective order issued by an agency under this article. (b) Nothing in this chapter limits or precludes civil action under IC 13-30-1. (c) Any party to a proceeding concerning an agency’s order may file a petition for civil […]