Section 312 IAC 25-4-122.3 - Written agency decision on challenges to ownership or controlAuthority: IC 14-34-2-1
Affected: IC 4-21.5; IC 14-34
Sec. 122.3.
(a) Within sixty (60) days of receipt of a challenge under section 122.1 of this rule, the director will review and investigate the evidence and explanatory materials submitted and any other reasonably available information bearing on the challenge and issue a written decision. The decision will state the determination whether the party in question owns or controls the relevant surface coal mining operation, or owned or controlled the operation, during the relevant time period.(b) The director will promptly provide the challenger with a copy of decision by either: (1) certified mail, return receipt requested; or(2) any means consistent with the rules governing service of a summons and complaint.(c) Service of the decision is complete upon delivery and is not incomplete if refusal to accept delivery occurs.(d) All decisions made under this section will be posted on the applicant/violator system.(e) Any person who receives a written decision under this section shall be entitled administrative review under IC 4-21.5.(f) Following the director's written decision, or any decision by a reviewing administrative or judicial tribunal, information in the applicant/violator system will be reviewed to determine if it is consistent with the decision. If it is not, the director will promptly revise the information in the applicant/violator system to reflect the decision.Natural Resources Commission; 312 IAC 25-4-122.3; filed Apr 13, 2011, 11:16 a.m.: 20110511-IR-312100547FRA, eff Jul 25, 2012; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA