Sec. 9. (a) After the hearing on the proposed establishment or dissolution of the district, which may be adjourned periodically, the hearing officer shall make findings and recommendations as to whether:
(1) the establishment of the district should be:
(A) approved;
(B) approved with modifications; or
(C) denied; or
(2) the dissolution of the district should be:
(A) approved; or
(B) denied.
(b) The hearing officer shall consider, at a minimum, the following in making findings and recommendations concerning the establishment of a proposed district:
(1) Whether the proposed district complies with the conditions of this chapter for establishment of a district.
(2) Whether the proposed district appears capable of accomplishing its purpose or purposes in an economically feasible manner.
(c) The hearing officer shall consider, at a minimum, whether the district is needed in making findings and recommendations concerning the proposed dissolution of a district.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Structure Indiana Code
Article 11. County Onsite Waste Management Districts
Chapter 3. Establishment or Dissolution of Districts
36-11-3-1. Initiation by Governing Body
36-11-3-2. Contents of Notice of Intent
36-11-3-3. Notice of Intent to Dissolve
36-11-3-4. Territory of District
36-11-3-5. Inclusion in District of Area Located Within a Municipality
36-11-3-6. Public Hearings; Qualifications of Hearing Officer; Hearing Officer Compensation
36-11-3-7. Scheduling of Hearing; Notice
36-11-3-8. Objection and Participation in Hearing by Resident of District
36-11-3-10. Action by Ordinance of the Governing Body After the Hearing; Notice to Objectors
36-11-3-11. Notice of Adoption of an Ordinance
36-11-3-12. District Not an Independent Municipal Corporation
36-11-3-13. Information to Be Included in Ordinance to Establish a District