Sec. 2. (a) The commission shall appoint the following:
(1) An administrative law judge to conduct proceedings under IC 4-21.5. An administrative law judge is subject to IC 14-10-2-2.
(2) A hearing officer to conduct proceedings under IC 4-22-2.
(b) An administrative law judge is the ultimate authority for the department for any administrative review proceeding under this article, except for the following:
(1) Proceedings concerning the approval or disapproval of a permit application or permit renewal under IC 14-34-4-13.
(2) Proceedings for suspension or revocation of a permit under IC 14-34-15-7.
(3) Proceedings consolidated with the office of environmental adjudication under IC 14-10-2-2.5.
(c) An order made by an administrative law judge granting or denying temporary relief from a decision of the director is a final order of the department.
(d) Judicial review of a final order made by an administrative law judge under subsection (b) or (c) or under IC 13-4.1-2-1(c) or IC 13-4.1-2-1(d) (before their repeal) may be taken under IC 4-21.5-5.
[Pre-1995 Recodification Citation: 13-4.1-2-1(b), (c), (d), (e).]
As added by P.L.1-1995, SEC.27. Amended by P.L.84-2008, SEC.5.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 34. Surface Coal Mining and Reclamation
Chapter 2. Regulatory Authority
14-34-2-1. Adoption of Rules and Performance of Duties
14-34-2-2. Administrative Law Judges; Hearing Officer
14-34-2-5. Delegation of Powers and Duties
14-34-2-7. Petition for Adoption, Amendment, or Repeal of a Rule