Section 105 IAC 16-1-24 - Appeal proceduresAuthority: IC 8-23-2-6; IC 8-23-5-10
Affected: IC 4-21.5-3-1; IC 8-23-5-10
Sec. 24.
(a) An operator who is sent notice by the department that the broadband access permit is being revoked may appeal that determination in accordance with the provisions of IC 4-21.5, as well as subsection (c).(b) Whenever the department is sending a notice of a broadband access permit revocation to the operator, service of that notice shall be deemed sufficient if sent to such operator by U.S. certified mail at the last known address in the records of the department.(c) Each request for an appeal shall be submitted to the department within the period provided by IC 4-21.5, shall be in writing, and shall contain the following: (1) The appellant's address and phone number.(2) The broadband access permit number.(3) The location of the broadband or its facilities.(4) A statement outlining the specific basis for the appeal. Service of that appeal request shall be deemed sufficient if served on the department by personal service or by U.S. mail at the address specified in the department's notice, as required by IC 4-21.5-3-1(c).(d) Hearings will be held in Indianapolis at the department's offices or other nearby location. The failure of an operator who has appealed to appear at the time and place of the hearing shall be deemed a withdrawal of the appeal, and the written revocation notice shall constitute a final order of the commissioner and shall not be subject to further administrative review.(e) Action or inaction of the department with respect to a broadband access permit, and any other action or inaction of the department of any kind or nature relating to broadband or its facilities shall be solely in furtherance of the department's public policy responsibilities and shall not be grounds for a cause of action against the department based in tort or based in any other manner on negligent permitting. Indiana Department of Transportation; 105 IAC 16-1-24; emergency rule filed 12/16/2021, 12:43 p.m.: 20211222-IR-105210537ERA, eff Jan 1, 2022