4-21.5-6-6. Relief Granted
Sec. 6. Upon a showing that a person has violated an order issued under this article, the court may grant: (1) an injunction requested by any petitioner without bond; (2) a restraining order or any appropriate relief other than an injunction requested by a petitioner under section 1 of this chapter without bond; (3) a […]
4-21.5-6-7. Appeal
Sec. 7. Decisions on petitions for civil enforcement are appealable in accordance with the rules governing civil appeals from the courts. As added by P.L.18-1986, SEC.1.
4-21.5-7-1. “Director” Defined
Sec. 1. As used in this chapter, “director” refers to the director of the office of environmental adjudication established by section 3 of this chapter. As added by P.L.41-1995, SEC.2.
4-21.5-7-2. “Office” Defined
Sec. 2. As used in this chapter, “office” refers to the office of environmental adjudication established by section 3 of this chapter. As added by P.L.41-1995, SEC.2.
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 […]
4-21.5-5-12. Evidence; Remand to Agency for Further Factfinding
Sec. 12. (a) The court may receive evidence, in addition to that contained in the agency record for judicial review, only if it relates to the validity of the agency action at the time it was taken and is needed to decide disputed issues regarding one (1) or both of the following: (1) Improper constitution […]
4-21.5-5-13. Transmittal of Agency Record; Costs; Corrections or Additions
Sec. 13. (a) Within thirty (30) days after the filing of the petition, or within further time allowed by the court or by other law, the petitioner shall transmit to the court the original or a certified copy of the agency record for judicial review of the agency action, consisting of: (1) any agency documents […]
4-21.5-4-4. Hearings
Sec. 4. Upon a request by a party for a hearing on an order rendered under section 2(a)(1) of this chapter, the agency shall, as quickly as is practicable, set the matter for an evidentiary hearing. An administrative law judge shall determine whether the order under this chapter should be voided, terminated, modified, stayed, or […]
4-21.5-5-14. Burden of Proof; Standards of Review
Sec. 14. (a) The burden of demonstrating the invalidity of agency action is on the party to the judicial review proceeding asserting invalidity. (b) The validity of agency action shall be determined in accordance with the standards of review provided in this section, as applied to the agency action at the time it was taken. […]