Sec. 10. (a) An applicant shall submit, in addition to the financial information required under section 4 of this chapter, a report prepared by a qualified independent public accounting consultant selected from a list of public accounting consultants approved by the director. The director shall consider the information in the report when deciding whether to accept the self-bond of an applicant.
(b) The director may also require reports described in subsection (a) after the director accepts the applicant's self-bond, but not more than one (1) time every three (3) years while the self-bond is posted, except as provided in subsection (d).
(c) A consultant who prepares a report under this section must:
(1) verify that the financial information required under section 4 of this chapter was prepared in accordance with generally accepted accounting principles;
(2) verify that the accounting principles referred to in subdivision (1) were applied consistently for each year of the period for which the information is submitted;
(3) state the amount of, and reason for, any restatement of the financial information referred to in subdivision (1) that is necessary to meet the requirements of subdivision (2); and
(4) state whether any information reviewed during the preparation of the report would lead the consultant to conclude that the applicant would not meet the requirements of section 4 of this chapter at the end of each of the three (3) fiscal years ending after the calendar month in which the report is completed.
(d) If the consultant who prepares a report under this section is unable to provide the information required by subsection (c)(4), the applicant for whom the report is prepared shall submit an updated report annually.
(e) An applicant shall submit a report required under this section not later than ninety (90) days after the director notifies the applicant or permittee that the report is required.
(f) If an applicant fails to submit a report required under subsection (a), the director shall refuse to accept the self-bond of the applicant until the applicant files the report.
(g) If a permittee who has posted a self-bond under this chapter fails to submit a report required under subsection (b), the director may require the permittee to post an alternate form of bond not later than ninety (90) days after the deadline for the submission of the report.
As added by P.L.176-1995, SEC.20.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 34. Surface Coal Mining and Reclamation
14-34-7-0.5. "Collateral" Defined
14-34-7-0.6. "Comparative Balance Sheet" Defined
14-34-7-0.7. "Comparative Income Statement" Defined
14-34-7-1. "Liabilities" Defined
14-34-7-2. "Net Worth" Defined
14-34-7-2.5. "Surface Mining Control and Reclamation Act" Defined
14-34-7-3. "Tangible Net Worth" Defined
14-34-7-4. "Current Assets" Defined
14-34-7-4.1. Method of Replacement of Self-Bonds
14-34-7-5. "Corporate Guarantee" Defined
14-34-7-6. Self-Bond or Corporate Guarantee; Percentage of Net Worth
14-34-7-7. Indemnity Agreement
14-34-7-7.1. Collateral and Indemnity Agreement to Support Self-Bond Application
14-34-7-8. Updated Information for Self-Bond or Corporate Guarantee
14-34-7-9. Change in Financial Condition
14-34-7-10. Report of Public Accounting Consultant
14-34-7-11. Incremental Self-Bonds; Coverage of Deferred Grading Areas
14-34-7-12. Alternate Forms of Self-Bonds; Monitoring of Reclamation