312 Ind. Admin. Code 3-1-18

Current through October 31, 2024

Section 312 IAC 3-1-18 - Petitions for judicial review

Authority: IC 14-10-2-4; IC 25-31.5-3-8

Affected: IC 4-21.5-5-8; IC 14; IC 25

Sec. 18.

(a) A person who wishes to take judicial review of a final agency action entered under this rule shall serve copies of a petition for judicial review upon the persons described in IC 4-21.5-5-8.

(b) The copy of the petition required under IC 4-21.5-5-8(a)(1) to be served upon the ultimate authority shall be served at the following address:

Division of Hearings

Natural Resources Commission

Indiana Government Center-North

100 North Senate Avenue, Room N103

Indianapolis, Indiana 46204-2273

This address applies whether the commission or an administrative law judge is the ultimate authority.

(c) Where the department or the state historic preservation review board is a party to a proceeding under this rule, a copy of the petition required under IC 4-21.5-5-8(a)(4) to be served upon each party shall be served at the following address:

Director

Department of Natural Resources

Indiana Government Center-South

402 West Washington Street, Room W256

Indianapolis, Indiana 46204

(d) Where the Indiana board of licensure for professional geologists is a party to a proceeding under this rule, a copy of the petition required under IC 4-21.5-5-8(a)(4) to be served upon each party shall be served at the following address:

Indiana State Geologist

Indiana University

611 North Walnut Grove

Bloomington, Indiana 47405-2208

(e) Where the Indiana board of registration for soil scientists is a party to a proceeding under this rule, a copy of the petition required under IC 4-21.5-5-8(a)(4) to be served upon each party shall be served at the following address:

Office of Indiana State Chemist

Purdue University

1154 Biochemistry

West Lafayette, Indiana 47907-1154

(f) The commission and its administrative law judge provide the forum for administrative review under this rule. Neither the commission nor the administrative law judge is a party.

312 IAC 3-1-18

Natural Resources Commission; 312 IAC 3-1-18; filed Feb 5, 1996, 4:00 p.m.: 19 IR 1323; filed Oct 19, 1998, 10:12 a.m.: 22 IR 750; filed Dec 26, 2001, 2:42 p.m.: 25 IR 1544; filed Aug 29, 2002, 1:03 p.m.: 26 IR 9; readopted filed Oct 2, 2002, 9:10 a.m.: 26 IR 546; filed Mar 4, 2008, 12:31 p.m.: 20080402-IR-312070486FRA; readopted filed Jul 21, 2008, 12:16 p.m.: 20080813-IR-312080052RFA; Readopted filed 5/20/2014, 9:48 a.m.: 20140618-IR-312140027RFA

Errata filed 8/16/2017, 2:55 p.m.: 20170823-IR-312170389ACA

Readopted filed 7/21/2020, 4:07 p.m.: 20200819-IR-312200206RFA