Section 14-34-18-4 - Petition to director(a) A person with an interest that is or may be adversely affected may petition the director to: (1) designate an area as unsuitable for surface coal mining operations; or(2) have the designation terminated. The petition must contain allegations of facts with supporting evidence that tends to establish the allegations.
(b) Within ten (10) months after receipt of a petition, the director shall hold a public hearing in the locality of the affected area, after appropriate notice and publication of the date, time, and location of the hearing. A person may intervene by filing allegations of facts with supporting evidence that tends to establish the allegations after the petition is filed and before the hearing.(c) Within sixty (60) days after the hearing, the director shall issue and furnish to the petitioner and any other party to the hearing a written decision regarding the petition and the reasons for the decision.(d) The director is not required to hold a hearing if all the petitioners do the following: (1) Stipulate agreement before the requested hearing.(2) Withdraw the request.Pre-1995 Recodification Citation: 13-4.1-14-2.
As added by P.L. 1-1995, SEC.27.