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 […]
4-21.5-7-5. 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 […]
4-21.5-4-5. Expiration of Order; Exception
Sec. 5. (a) Except as provided in subsection (c), an order issued under this chapter expires on the earliest of the following: (1) The date set in the order. (2) The date set by a statute other than this article. (3) The elapse of ninety (90) days. (b) During the pendency of any related proceedings […]
4-21.5-5-15. Disposition
Sec. 15. If the court finds that a person has been prejudiced under section 14 of this chapter, the court may set aside an agency action and: (1) remand the case to the agency for further proceedings; or (2) compel agency action that has been unreasonably delayed or unlawfully withheld. As added by P.L.18-1986, SEC.1. […]
4-21.5-4-6. Records
Sec. 6. The agency record in a proceeding under this chapter consists of any documents regarding the matter that were considered or prepared by the agency in a proceeding under section 2(a)(1) of this chapter and, if a hearing is conducted under section 2(a)(2) or 4 of this chapter, the items described in IC 4-21.5-3-33. […]
4-21.5-5-16. Decisions on Petitions; Appeal
Sec. 16. Decisions on petitions for review of agency action are appealable in accordance with the rules governing civil appeals from the courts. As added by P.L.18-1986, SEC.1.