Sec. 7. (a) After the commission has adopted rules as required by section 1 of this chapter, any person may petition the commission to initiate a proceeding for the adoption, amendment, or repeal of a rule adopted to enforce this article.
(b) The petition must set forth facts that the petitioner claims necessitate the adoption, amendment, or repeal of the rule described in subsection (a).
(c) The petition must specify the petitioner's proposed adoption, amendment, or repeal of a rule.
(d) Upon receipt of the petition, the commission may conduct any necessary investigations and hold a public hearing that is not subject to IC 4-21.5 to determine whether the petition should be granted. The commission may not hold a public hearing if the petition is incomplete.
(e) Within ninety (90) days of receipt of the petition, the commission shall either grant or deny the petition. If the petition is granted, the commission shall adopt, amend, or repeal the rule under IC 4-22-2. The commission shall send written notice to the petitioner setting forth the reasons for granting or denying the petition.
[Pre-1995 Recodification Citation: 13-4.1-2-4.]
As added by P.L.1-1995, SEC.27.
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