Section 105 IAC 7-4-12 - Appeal procedures; no contract between department and permittee and no tort action permitted against department for negligent permitting of signsAuthority: IC 8-23-2-6; IC 8-23-20-25
Affected: IC 4-21.5; IC 8-23-20
Sec. 12.
(a) An applicant whose permit application is denied, or any permittee or property owner who is sent a notice by the department that such permit is being revoked or whose modification request for an addendum to such permit is denied or that such permit is being changed to a permit for a nonconforming sign, may appeal that determination in accordance with the provisions of IC 8-23-20-26 and IC 4-21.5, as well as subsection (c).(b) Whenever the department is sending a notice of a permit denial or revocation to the permittee or the property owner, service of that notice shall be deemed sufficient if sent to such person or entity by U.S. certified mail at the last known address in the records of the department. However, if an applicant or a permittee has properly submitted to the department a designation of a person or entity to receive notice of the denial of any permit application and of any revocation notice for a permit, the department will send any such notice to that designated person or entity instead.(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) Whether the appellant is the permittee, the property owner, or a person or entity properly designated in accordance with subsection (b).(2) The appellant's address and phone number.(3) Each permit number, if any.(4) The location of the sign.(5) 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 a permittee or other person 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, denial of permit application or addendum, or other determination 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 an application, permit, or modification request for an addendum, and any other action or inaction of the department of any kind or nature relating to a sign 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. The determination of an application or modification request by the department, or the permit, permit tag, or addendum issued by the department, or any fee received by the department under this rule or applicable law shall not constitute the basis under any circumstances of a contractual relationship between the department and any other person or entity. Filed 7/24/2019, 8:08 a.m.: 20190821-IR-105170337FRA