315 Ind. Admin. Code 1-2-1

Current through April 24, 2024

Section 315 IAC 1-2-1 - Definitions

Authority: IC 4-21.5-7-7

Affected: IC 4-21.5; IC 13-11-2-51; IC 13-13-8-3; IC 13-23-11; IC 14-10-1; IC 14-10-2-2

Sec. 1.

In addition to the definitions in IC 4-21.5-1, the definitions in this section apply throughout this title:

(1) "Administrative law judge" or "ALJ" means a person appointed by the natural resources commission under IC 14-10-2-2 to function as an administrative law judge under IC 4-21.5.

(2) "Board" means a board established or created under IC 13-13-8-3 or IC 13-23-11.

(3) "Commissioner" means the commissioner of the department or the commissioner's designee.

(4) "Confidential information" means any information that:

(A) is entitled to treatment as; or

(B) has been determined to be; confidential information under 326 IAC 17.1, 327 IAC 12.1, or 329 IAC 6.1 and includes any information submitted to the office under claim of confidentiality during the pendency of a final determination of the claim.

(5) "Decision" means an agency action as defined in IC 4-21.5-1-4 of the department or as described in IC 4-21.5-7-3.

(6) "Department" has the meaning set forth in IC 13-11-2-51.

(7) "Director" means the director of the office.

(8) "Division of hearings" means the division established by IC 14-10-2-2.

(9) "Environmental law judge" or "ELJ" means an individual acting in the capacity of an administrative law judge in a proceeding under IC 4-21.5.

(10) "Final order" means an order of the ELJ, acting as ultimate authority, disposing of the proceeding prescribed by IC 4-21.53-27.

(11) "Natural resources commission" means the commission established under IC 14-10-1.

(12) "Office" means the office of environmental adjudication.

(13) "Presiding environmental law judge" means the ELJ assigned by the director to preside over a particular proceeding.

315 IAC 1-2-1

Office of Environmental Adjudication; 315 IAC 1-2-1; filed Jun 2, 1998, 3:47 p.m.: 21 IR 3732; readopted filed Aug 11, 2004, 12:04 p.m.: 28 IR 323; filed Sep 16, 2005, 1:40 p.m.: 29 IR 469; filed Apr 3, 2009, 2:09 p.m.: 20090429-IR-315080689FRA; readopted filed May 18, 2010, 1:45 p.m.: 20100602-IR-315100174RFA; filed Feb 24, 2011, 2:03 p.m.: 20110323-IR-315100482FRA

Readopted filed 4/25/2016, 2:08 p.m.: 20160518-IR-315160051RFA

Errata filed 5/18/2022, 1:12 p.m.: 20220525-IR-315220181ACA

Readopted filed 7/19/2022, 2:01 p.m.: 20220817-IR-315220160RFA