Section 312 IAC 5-3-3 - Public notice before the issuance of a license for a boat race, water ski event, or major organized boating activityAuthority: IC 14-10-2-4; IC 14-15-7-3
Affected: IC 4-21.5; IC 14
Sec. 3.
(a) This section establishes notification requirements before a license is issued under this rule. Subsequent to the issuance of a license by the division, IC 4-21.5 applies.(b) At least thirty (30) days before the division can issue a license, an applicant shall provide, at its expense, notice of the license application as follows: (1) Once in one (1) newspaper of general circulation in the county or counties where the boat race, water ski event, or major organized boating activity will occur.(2) In person, by certified mail with return receipt requested, or by first class mail with proof of mailing, to the following: (A) Any person who provides the division with a written request to be notified if a boat race, water ski event, or major organized boating activity permit is requested. A request under this clause is valid during the year in which it is received for the waterway named in the request.(B) If the affected area for the boat race, water ski event, or major organized boating activity is located on a public freshwater lake or Lake Michigan, to at least one (1) of the owners of each parcel of property reasonably known to be located within two hundred (200) feet of the course.(C) If the affected area for the boat race, water ski event, or major organized boating activity is located within a municipality, to the municipality.(c) A notice under this section shall do the following: (1) Provide the name and address of the applicant.(2) Specify that the license is sought under this rule and whether the license will authorize a boat race, water ski event, or major organized boating activity.(3) Describe or illustrate the area affected by the event and when the event will occur.(4) Include an explanation of the options available to the persons served. These options are as follows: (A) File a petition with the central office of the division requesting an informal hearing that is signed by at least twenty-five (25) individuals who are at least eighteen (18) years old and who reside in the county where the event will occur. A hearing under this clause is governed by 312 IAC 2-3.(B) Request the division to notify the person in writing when an initial determination is made to issue or deny the license. Following the receipt of notice under this clause, a person may request administrative review of the determination under 312 IAC 3-1.Natural Resources Commission; 312 IAC 5-3-3; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2369, eff Jan 1, 2002; filed May 27, 2003, 12:35 p.m.: 26 IR 3322, eff Oct 1, 2003; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR-312080057RFA; Readopted filed 7/17/2014, 3:46 p.m.: 20140813-IR-312140067RFAReadopted filed 9/16/2020, 8:15 a.m.: 20201014-IR-312200355RFA