Section 312 IAC 2-3-3 - Notice of consideration of application for certain designated licenses; service by license applicantAuthority: IC 14-11-4-9
Affected: IC 4-21.5; IC 14-22-26-3; IC 14-26-2; IC 14-26-5; IC 14-28-1; IC 14-29-1; IC 14-29-3; IC 14-29-4
Sec. 3.
(a) Notice must be given under this section before a new license or a license renewal is issued by the department under the following statutes and rules: (1) IC 14-26-2 and 312 IAC 11-1 through 312 IAC 11-5 (lake preservation).(2) IC 14-26-5 (lowering of lakes).(3) IC 14-29-4 (construction of channels).(4) IC 14-28-1 and 312 IAC 10 (flood plain management).(5) IC 14-22-26-3(2) and 312 IAC 9-11 (possession of wild animals that may be harmful or dangerous to plants or animals).(6) IC 14-29-3 and 312 IAC 6-5 (removal of substances from navigable waters of the state), including under IC 14-29-1 where the removal of substances from navigable waters is an element of the license.(b) The director or the department may not issue a license until thirty (30) days after the notice required under this section has been given. Notice may be given at any time after an application for a license is filed with the department.(c) Service of a notice must be provided by the applicant at its expense as follows: (1) If a license application affects real property, at least one (1) of the owners of each parcel of real property reasonably known to be adjacent to the affected real property.(2) In addition to service of the notice as required in subdivision (1), the license applicant shall cause notice to be given by publication (with proof of service made by a publisher's affidavit) in any of the following circumstances: (A) The current address of a person entitled to notice under this rule is not ascertainable.(B) The identity or existence of a person entitled to notice is not ascertainable.(C) The department directs the applicant to cause notice by publication because the license application is likely to evoke general public interest.(d) Service of a notice must be provided by the department to those persons who have requested notification of a license application that: (1) affects the specific real property to which the application relates; or(2) is of the same type as the application.(e) Proof of service of the notifications required under subsection (c)(1) shall be provided by the applicant to the department as follows: (1) If service is made by certified mail with return receipt requested, by providing a mailing receipt showing successful return from the person notified.(2) If service is made in person or by first class mail (with a certificate of mailing), by an affidavit or affirmation on a department form including the following: (A) The names and addresses of each person served.(B) The date of personal service or mailing.(C) If service was made by mail, that a period of at least twenty-one (21) days has passed without the mailing being returned as undelivered or undeliverable.(f) A notice under this section shall do the following:(1) Provide the name and address of the applicant.(2) Identify the statute and rule under which a permit is sought.(3) Identify the specific real property to which the application relates (unless the license is not related to specific real property).(4) Set forth any other information required by statute or rule relative to the particular type of permit sought.(5) Include an explanation of the options available to the persons served. These options shall be as follows:(A) File a petition with the director requesting an informal hearing that is signed by at least twenty-five (25) individuals who are at least eighteen (18) years of age and who: (i) reside in the county where the licensed activity would take place; or(ii) own real property within one (1) mile of the site of the proposed or existing licensed activity.(B) Request the department to notify the person in writing when an initial determination is made to issue or deny the permit. Following the receipt of notice under this clause, the person may request administrative review by the commission, under IC 4-21.5 and 312 IAC 3-1, of the initial determination by the director.Natural Resources Commission; 312 IAC 2-3-3; filed Aug 20, 1997, 3:16 p.m.: 21 IR 27; filed Dec 26, 2001, 2:42 p.m.: 25 IR 1542; readopted filed Oct 2, 2002, 9:10 a.m.: 26 IR 546; readopted filed Jul 21, 2008, 12:16 p.m.: 20080813-IR-312080052RFA; Readopted filed 5/20/2014, 9:48 a.m.: 20140618-IR-312140027RFAReadopted filed 5/20/2020, 9:55 a.m.: 20200617-IR-312200178RFA