Section 312 IAC 3-1-10.5 - Consolidated proceedings with office of environmental adjudicationAuthority: IC 14-10-2-2.5; IC 14-10-2-4
Affected: IC 4-21.5-3; IC 14; IC 25
Sec. 10.5.
(a) This section controls the conduct of a proceeding presided over by an administrative law judge that is consolidated under IC 14-10-2-2.5 with a proceeding presided over by an environmental law judge of the office of environmental adjudication.(b) Before acting on a motion for consolidation under IC 14-10-2-2.5(b), an administrative law judge or environmental law judge may do any of the following: (1) Consult with any administrative law judge or environmental law judge that presides over a proceeding sought to be consolidated.(2) Request documents, briefs, or oral arguments from the parties to the following: (A) The proceeding pending before the administrative law judge or environmental law judge.(B) The proceeding sought to be consolidated.(c) If an administrative law judge or an environmental law judge enters an order for consolidation under IC 14-10-2-2.5(b), the order shall establish a panel that complies with IC 14-10-2-2.5(c).(d) Unless otherwise agreed by the panel, the administrative law judge or environmental law judge that entered the order under subsection (c) shall perform the following functions: (1) Open and maintain a new adjudicatory file that includes in its caption the phrase "In the Matter of Consolidated Proceeding under IC 14-10-2-2.5 ".(2) Include true and authentic copies of all pleadings and documents previously filed and orders previously entered in the proceedings that have been consolidated.(3) Rule upon routine motions and requests by the parties, including objections at hearing. This subdivision does not prohibit the administrative law judge or environmental law judge from consulting with another panel member or members before ruling.(e) The panel may make any orders concerning a consolidated proceeding that are necessary and proper.(f) The panel, in furtherance of convenience and to avoid prejudice, or when separate hearings may be conducive to expedition and economy, may order a separate hearing of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or any number of claims, cross-claims, counterclaims, third-party claims, or issues.(g) In furtherance of convenience and to avoid prejudice, the panel may certify a disposition of fewer than all issues as being ripe for judicial review where: (1) a dismissal is granted with prejudice;(2) a summary judgment is granted under IC 4-21.5-3-23; or(3) a separate hearing is conducted under subsection (f).(h) On a party's motion or on the panel's motion, the panel may terminate a consolidated proceeding in furtherance of convenience and to avoid prejudice. If a party moves to terminate a consolidated proceeding because all issues of the department of natural resources or of the department of environmental management have been settled or adjudicated, the panel shall terminate the consolidated proceeding. An order for termination shall include any provisions that may reasonably support the convenience of the parties and the expeditious disposition by an administrative law judge or environmental law judge of the remaining proceeding.(i) A final disposition of a consolidated proceeding shall be included both by the commission and by the office of environmental adjudication in their respective implementations of IC 4-21.5-3-32 and IC 4-21.5-3-27(c).Natural Resources Commission; 312 IAC 3-1-10.5; filed Apr 3, 2009, 2:00 p.m.: 20090429-IR-312080688FRA; Readopted filed 5/20/2014, 9:48 a.m.: 20140618-IR-312140027RFAReadopted filed 7/21/2020, 4:07 p.m.: 20200819-IR-312200206RFA