Section 312 IAC 25-3-7 - Initial processing, record keeping, and notificationAuthority: IC 14-34-2-1
Affected: IC 5-14-3; IC 14-34
Sec. 7.
(a) Within thirty (30) days of receipt of a petition, the director shall determine whether the petition is complete, except that for good cause the director may extend the time for making these determinations for an additional fifteen (15) days.(b) As used in this section, "complete for a designation or termination petition" means that the information required under section 6(b) or 6(c) of this rule has been provided.(c) The director shall determine whether any identified coal resources exist in the area covered by the petition without requiring any showing from the petitioner. If the director finds there are not any identified coal resources in that area, the petition shall be returned to the petitioner with a statement of the findings.(d) Any petitions received after the close of the public comment period on a permit application relating to the same permit area shall not prevent the director from issuing a decision on that permit application. The director may return any petition received after the close of the public comment period to the petitioner with a statement why the petition cannot be considered. As used in this section, "close of the public comment period" means the close of any informal conference held under 312 IAC 25-4-112, or, if no conference is requested, at the close of the period for filing written comment and objections under 312 IAC 25-4-110 through 312 IAC 25-4-111.(e) When the petition is determined complete, the director shall immediately accept the petition for further processing and advise the petitioner of this finding by certified mail.(f) When the director finds that the petition is generally complete, but that it does not meet this test for portions of the petitioned area, the petition may be accepted in part for further processing in accordance with the procedures set forth in subsection (g). The director shall advise the petitioner of those portions of the petitioned area that are not accepted for further processing, with a written statement of reasons.(g) The director may reject petitions for designations or terminations of designations that are frivolous, or were previously and unsuccessfully proposed for designation, if it is determined that the new petition presents no new allegations of facts. The director shall return the petition to the petitioner, with a statement of findings and a reference to the record of the previous designation proceedings where the facts of a previous and unsuccessful petition were considered. Once the requirements of section 6 of this rule are met, no party shall bear any burden of proof, but each accepted petition shall be considered and acted upon by the director pursuant to the procedures of section 6 of this rule, this section, and sections 8 through 12 of this rule.(h) The director shall return to the petitioner any petition that is found to be incomplete or frivolous, together with a written statement of reasons for the determination and the categories of information needed to make the petition acceptable for resubmittal.(i) The director shall notify the person who submits a petition of any application for a permit received that proposes to include any area covered by the petition.(j) If the petition covers an area for which designation has previously been considered and rejected, the director shall determine if the petition presents significant new allegations of facts with evidence that tends to establish the allegations. If the petition does not contain the allegations and evidence, the petition shall not be considered, but shall be returned to the petitioner with the director's written findings and a reference to the record of the previous proceedings in which the issues raised by the petitioner were considered.(k) Within three (3) weeks after accepting the petition for further processing, the director shall circulate copies of the petition to, and request submission of relevant information from, the following: (1) Other interested governmental agencies.(4) Persons with an ownership interest of record in the property.(5) Other persons known to the director to have an interest in the property.(l) Within five (5) weeks after accepting the petition for further processing, the director shall notify the general public of the receipt of the petition and request submissions of relevant information by a newspaper advertisement placed once a week for two (2) consecutive weeks in the locale of the area covered by the petition, in a newspaper of general circulation in Marion County, and in the Indiana Register.(m) Until three (3) days before the director holds a hearing under this rule, any person may intervene in the proceeding by filing the following: (1) Allegations of facts.(3) A short statement identifying the petition to which the allegations pertain.(4) The intervenor's name, address, and telephone number.(n) Beginning immediately after a complete petition is filed, the director shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the director. The director shall make the record available for public inspection under IC 5-14-3 at: (1) a central location in or near the area where the land petitioned is located; and(2) the Indianapolis office of the division of reclamation.Natural Resources Commission; 312 IAC 25-3-7; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3435, 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