Section 312 IAC 25-1-94 - "Owned or controlled" and "owns or controls" definedAuthority: IC 14-34-2-1
Affected: IC 14-34
Sec. 94.
(a) "Owned or controlled" and "owns or controls" means any one (1) or a combination of the relationships specified in the following and subsection (b): (1) A permittee of a surface coal mining operation.(2) Based on instruments of ownership or voting securities, owning of record in excess of fifty percent (50%) of a person.(3) Any other relationship that gives one (1) person authority, directly or indirectly, to determine the manner in which an applicant, an operator, or other person conducts surface coal mining operations.(b) The following relationships are presumed to constitute ownership or control unless a person can demonstrate that the person subject to the presumption does not, in fact, have the authority, directly or indirectly, to determine the manner in which the surface coal mining operation is conducted: (1) An officer or director of the person.(2) The operator of a surface coal mining operation.(3) An ability to commit the financial or real property assets or working resources of a person.(4) A general partner in a partnership.(5) Based on the instruments of ownership or the voting securities of a corporation, ownership of record of ten percent (10%) through fifty percent (50%) of the corporation.(6) Ownership or control of coal to be mined by another person under a lease, sublease, or other contract where there is a right to receive the coal after mining or authorization to determine the manner in which that person or another person conducts a surface coal mining operation.Natural Resources Commission; 312 IAC 25-1-94; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3416, 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