Section 312 IAC 11-3-2 - Disputes regarding a structure placed under authority of a general licenseAuthority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23
Affected: IC 4-21.5; IC 14-15; IC 14-26-2
Sec. 2.
(a) A person may seek administrative review of the placement or maintenance of a structure under section 1 or 1.2 of this rule.(b) Administrative review under this section is subject to IC 4-21.5 and 312 IAC 3-1. If a dispute involves the placement of a pier, another temporary structure, or a glacial stone reface, where the review of another structure authorized by a general license appears appropriate to a full and fair determination of the dispute, the administrative law judge may order additional parties joined.(c) The administrative law judge shall commit the matter to mediation under 312 IAC 11-1-3 as soon as practicable. Except as otherwise provided in this subsection, no administrative review brought under this section shall proceed to formal discovery or to a hearing without the completion of at least two (2) mediation sessions. A mediation session is not required to be scheduled where either: (1) all parties agree during a prehearing conference, during a status conference, or in writing not to participate in mediation; or(2) a party is dismissed or defaulted under 312 IAC 3-1-9(a), 312 IAC 3-1-9(b)(1), or 312 IAC 3-1-9(b)(2).(d) Unless otherwise ordered by the administrative law judge or agreed in writing by all the parties, any structure placed by a party under section 1 of this rule must be removed from along or lakeward of the shoreline or water line upon the later of the following: (1) Ninety (90) days after filing of the request for administrative review.(2) January 1 of the year following the filing of the request for administrative review.(e) In exercising discretion under subsection (d), an administrative law judge shall consider whether the structure poses a substantial intrusion or merely a de minimis intrusion to the interests protected by IC 14-26-2, IC 14-15-7-3, and this rule.Natural Resources Commission; 312 IAC 11-3-2; filed Feb 26, 1999, 5:49 p.m.: 22 IR 2224; filed Jan 23, 2001, 10:05 a.m.: 24 IR 1615; filed Jun 21, 2001, 3:03 p.m.: 24 IR 3374; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; filed Aug 27, 2010, 11:11 a.m.: 20100922-IR-312090806FRA, eff Jan 1, 2011; readopted filed Jul 28, 2011, 10:28 a.m.: 20110824-IR-312110042RFAReadopted filed 7/19/2017, 3:46 p.m.: 20170816-IR-312170133RFAReadopted filed 3/22/2023, 4:07 p.m.: 20230419-IR-312230066RFA