Sec. 1. The establishment of a regional district may be initiated only by a petition filed with the department. A copy of the petition shall also be filed not later than ten (10) days after the filing with the department in the office of the executive of each governmental entity having territory within the proposed […]
Sec. 10. (a) If the commissioner determines that the findings show that the establishment of a recommended district: (1) complies with the conditions of this chapter for establishment of a district; and (2) appears capable of accomplishing the purpose or purposes in an economically feasible manner; the commissioner shall issue an order directing that the […]
Sec. 11. An order for the establishment of a district is subject to review as provided in IC 4-21.5-5. [Pre-1996 Recodification Citation: 13-3-2-5(e) part.] As added by P.L.1-1996, SEC.16.
Sec. 2. (a) The petition may be filed by any representative of one (1) or more eligible entities involved after being authorized by the fiscal body of the petitioning eligible entity or entities included in the plan of the proposed district. (b) If the proposed district includes: (1) a state park or recreational area, forest […]
Sec. 2.5. (a) Before a representative may file a petition to establish a district, the representative must provide notice to all owners of property to be served by the proposed district that is the subject of the petition. (b) Notice under subsection (a) must be provided as follows: (1) Beginning at least thirty (30) days […]
Sec. 3. A petition to establish a district under this chapter must state the following: (1) The proposed name of the district. (2) The place in which the district’s principal office is to be located. (3) The following information: (A) The need for the proposed district. (B) The purpose to be accomplished. (C) How the […]
Sec. 3.5. Not more than one hundred eighty (180) days after the date a petition is filed with the department under section 1 of this chapter to establish a regional district, if another petition is filed with the department that is signed by a majority of the owners of property that would be served by […]
Sec. 4. Upon the filing of a petition to establish a district under this chapter, the department shall determine whether the petition complies with the requirements of this chapter as to form and content. The department: (1) may not declare a petition void because of alleged defects; and (2) may, in subsequent proceedings at any […]
Sec. 5. Upon the determination of the department that a sufficient petition has been filed in accordance with this chapter, the commissioner shall appoint a hearing officer, who does not have to be a state employee. If the hearing officer is not a full-time state employee, the hearing officer is entitled to be paid reasonable: […]
Sec. 6. (a) Except as provided in section 9 of this chapter, the hearing officer shall fix a time and place inside or within ten (10) miles of the proposed district for the hearing on any matter for which a hearing is authorized under this chapter. (b) The hearing officer shall make a reasonable effort […]
Sec. 7. A person or an eligible entity that resides or lies in or partially resides or lies in an area affected by the establishment of a district: (1) may, on or before the date set for the cause to be heard, file a written objection to the granting of the requests made in the […]
Sec. 8. (a) After the hearing on the petition for the establishment of the proposed district, which may be adjourned periodically, the hearing officer shall make findings on the petition and other relevant facts and recommendations as to whether: (1) the petition should be: (A) approved; (B) approved with modifications; or (C) denied; and (2) […]
Sec. 9. (a) If the department of natural resources has filed a petition, the commissioner may waive the requirement for notice and hearing provided in section 6 of this chapter. (b) If the commissioner waives the notice and hearing requirement, the hearing officer shall give written notice in the manner provided under section 6(b)(2) or […]
