Section 105 IAC 16-1-23 - Revocation of permit; appeal of revocationAuthority: IC 8-23-2-6; IC 8-23-5-10
Affected: IC 4-21.5; IC 8-23-5-10
Sec. 23.
(a) A broadband access permit may be revoked for the following: (1) Pursuant to this rule.(2) Failure to install, maintain or repair the broadband or its facilities in accordance with the broadband access permit.(3) Misrepresentation of material facts made by the permit holder and on which the issuing authority was found to have relied upon in approving the broadband access permit application.(4) The broadband or facilities conflict with the department's transportation project and the operator refuses to relocate the broadband or its facilities.(5) Failure to complete installation within three hundred sixty-five (365) days from the date of issuance of the broadband access permit, unless an extension for the permit has been filed prior to the termination of the three hundred sixty-five (365) days.(6) A determination upon initial inspection of broadband or its facilities that fails to comply with the department's broadband access permit terms and conditions.(7) Unlawful destruction or cutting of trees, shrubs, or other vegetation located on the right-of-way.(8) Installation within the clear zone or environmentally restricted areas.(9) Failure to obtain and maintain all required permits from a federal, state, or local agency.(10) If inconsistent with other federal law or state law.(b) If revocation of the broadband access permit is appropriate, the department shall issue a written notice of revocation, accompanied by an explanation of the rationale for the revocation, which shall be sent to the operator by U.S. certified mail. The operator may appeal this revocation by delivering a written notice of the appeal to the department and is received by the department in accordance with the applicable time period set forth in IC 4-21.5. If the appellant's appeal letter is timely received by the department and complies with the requirements in section 24(c) of this rule, the operator appealing shall be afforded the opportunity for a hearing under IC 4-21.5.(c) All broadband or facilities that were installed, repaired, maintained, or exist in violation of any provision of federal law or state law (including this rule) are illegal. The broadband access permit for any illegal broadband or facilities may be revoked at any time by the department in accordance with this rule and state law.(d) If the broadband access permit for any broadband or facilities is revoked by the department, that broadband or facilities shall thereafter be removed in accordance with this rule and state law without payment of any compensation to the operator or any other party. Indiana Department of Transportation; 105 IAC 16-1-23; emergency rule filed 12/16/2021, 12:43 p.m.: 20211222-IR-105210537ERA, eff Jan 1, 2022