Ind. Code § 4-21.5-3-34
Informal procedures; rules; final orders
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 34. (a) An agency is encouraged to develop informal procedures that are consistent with this article and make unnecessary more elaborate proceedings under this article.
Sec. 34. (a) An agency is encouraged to develop informal procedures that are consistent with this article and make unnecessary more elaborate proceedings under this article.
(b) An agency may adopt rules, under IC 4-22-2, setting specific procedures to facilitate informal settlement of matters. The procedures must be consistent with this article.
(b) An agency may adopt rules, under IC 4-22-2, setting specific procedures to facilitate informal settlement of matters. The procedures must be consistent with this article.
(c) This section does not require any person to settle a matter under the agency's informal procedures.
(c) This section does not require any person to settle a matter under the agency's informal procedures.
(d) This subsection does not apply to a proceeding before the state ethics commission (created by IC 4-2-6-2) or a proceeding concerning a regulated occupation (as defined in IC 25-1-7-1), except for a proceeding concerning a water well driller (as described in IC 25-39-3) or an out of state mobile health care entity regulated by the state department of health. When a matter is settled without the need for more elaborate proceedings under this section, the ultimate authority or its designee shall issue the order agreed to by the parties as a final order under this article.
(d) This subsection does not apply to a proceeding before the state ethics commission (created by IC 4-2-6-2) or a proceeding concerning a regulated occupation (as defined in IC 25-1-7-1), except for a proceeding concerning a water well driller (as described in IC 25-39-3) or an out of state mobile health care entity regulated by the Indiana department of health. When a matter is settled without the need for more elaborate proceedings under this section, the ultimate authority or its designee shall issue the order agreed to by the parties as a final order under this article.
(e) When the final order referred to in subsection (d) involves the modification of a permit issued under IC 13, the administrative law judge:
(e) When the final order referred to in subsection (d) involves the modification of a permit issued under IC 13, the administrative law judge:
(1) shall remand the permit to the issuing agency with instructions to modify the permit in accordance with the final order; and
(1) shall remand the permit to the issuing agency with instructions to modify the permit in accordance with the final order; and
(2) retains jurisdiction over any appeals of the modified permit.
(2) retains jurisdiction over any appeals of the modified permit.
Only those terms of the permit that are the subject of the final order shall be modified and subject to public notice and comment.
Only those terms of the permit that are the subject of the final order shall be modified and subject to public notice and comment.
(f) Any petition for administrative review under this chapter concerning permit modification under subsection (e) is limited to only those terms of the permit modified in accordance with the final order issued under subsection (d).
(f) Any petition for administrative review under this chapter concerning permit modification under subsection (e) is limited to only those terms of the permit modified in accordance with the final order issued under subsection (d).
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.