Section 312 IAC 25-4-125 - Administrative and judicial review of decisions by the director on permit applications; judicial review; improvidently issued permits; rescission proceduresAuthority: IC 14-34-2-1
Affected: IC 4-21.5-3; IC 14-34
Sec. 125.
(a) Where the director, under section 124(c)(4) of this rule, elects to rescind an improvidently issued permit, the director shall serve on the permittee a notice of proposed suspension and rescission that includes the reasons for the finding of the director under section 124(b) of this rule and states that, after a specified period of time not to exceed ninety (90) days, the permit automatically will become suspended, and not to exceed ninety (90) days thereafter rescinded, unless within those periods the permittee submits proof, and the director finds one (1) of the following: (1) The finding of the director under section 124(b) of this rule was erroneous.(2) The permittee or other person responsible has abated the violation on which the finding was based, or paid the penalty or fee, to the satisfaction of the responsible agency.(3) The violation, penalty, or fee is the subject of a good faith appeal or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency.(4) Since the finding was made, the permittee has severed any ownership or control link with the person responsible for, and does not continue to be responsible for, the violation, penalty, or fee.(b) After permit suspension or rescission, the permittee shall cease all surface coal mining and reclamation operations under the permit, except for violation abatement and for reclamation and other environmental protection measures as required by the director.(c) The permittee may file an appeal for administrative review of the notice under IC 4-21.5-3.Natural Resources Commission; 312 IAC 25-4-125; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3494, 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