Section 312 IAC 25-7-9 - State enforcement; informal public hearingAuthority: IC 14-34-2-1
Affected: IC 4-21.5; IC 14-34
Sec. 9.
(a) Except as provided in subsections (b) through (c), a notice of violation or cessation order that requires cessation of all or any portion of the surface coal mining operation expressly or by necessary implication shall expire within thirty (30) days after it is served unless an informal public hearing has been held within that time. The hearing shall be held at or reasonably close to the mine site so that it may be viewed during the hearing or at any other location acceptable to the director and the person to whom the notice or order was issued. Expiration of a notice or order shall not affect the director's right to assess civil penalties for the violations mentioned in the notice or order under sections 13 through 21 of this rule (civil penalties).(b) A notice of violation or cessation order shall not expire as provided in subsection (a), if the condition, practice, or violation in question has been abated or if the informal public hearing has been waived.(c) The director shall give as much advance notice as is practicable of the time, place, and subject matter of the informal public hearing to: (1) the person to whom the notice or order was issued; and(2) any person who filed a report which led to that notice or order.(d) The director shall also post notice of the hearing at the offices of the division of reclamation and publish it, where practicable, in a newspaper of general circulation in the area of the mine.(e) An informal public hearing held under this section shall be conducted by a representative of the director who may accept oral or written arguments or any other relevant information. IC 4-21.5 does not apply to an informal public hearing held under this section.(f) Within five (5) days after the close of an informal public hearing, the director shall affirm, modify, or vacate the notice or order in writing. The decision shall be sent to:(1) the person to whom the notice or order was issued; and(2) any person who filed a report that led to the notice or order.(g) The granting or waiver of an informal public hearing under this section does not affect the right of any person to administrative review under IC 4-21.5 and IC 14-34.Natural Resources Commission; 312 IAC 25-7-9; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3595, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA