315 Ind. Admin. Code 1-3-13

Current through October 31, 2024

Section 315 IAC 1-3-13 - Proposed findings of fact, conclusions of law and final order; petitions for rehearing

Authority: IC 4-21.5-3-35; IC 4-21.5-7-7

Affected: IC 4-21.5-3-28; IC 4-21.5-5

Sec. 13.

(a) At such time as may be fixed by the presiding environmental law judge, a party may submit for the consideration of the presiding environmental law judge an original and one (1) copy of proposed findings of fact, conclusions of law, and proposed order.

(1) The presiding environmental law judge may require briefs when proposed findings of fact, conclusions of law, and proposed orders are submitted.

(2) The presiding environmental law judge may set a time by which reply briefs and response briefs must be submitted.

(3) All submissions shall be:

(A) in writing;

(B) served upon all parties; and

(C) contain references to the record and relied upon authorities.

(b) In addition to IC 4-21.5-3-28, the following shall apply to final orders:

(1) When the presiding environmental law judge issues an order that fully disposes of the issues, the order shall be denominated specifically as a final order.

(2) When either:

(A) a party withdraws his petition for review; or

(B) the case has been dismissed for any other reason; the presiding environmental law judge shall issue a final order signifying that the case has been disposed.

(c) Clerical mistakes and other errors resulting from oversight or omission in a final order or other part of the record of a proceeding may be corrected on the motion of any party or on the presiding environmental law judge's own motion.

(d) An action of a petitioning party under this section does not toll the period in which a party may petition for judicial review under IC 4-21.5-5. However, if a rehearing is granted, this period is tolled and a new period begins on the date that a new final order is served.

315 IAC 1-3-13

Office of Environmental Adjudication; 315 IAC 1-3-13; filed Jun 2, 1998, 3:47 p.m.: 21 IR 3738; readopted filed Aug 11, 2004, 12:04 p.m.: 28 IR 323; readopted filed May 18, 2010, 1:45 p.m.: 20100602-IR-315100174RFA

Readopted filed 4/25/2016, 2:08 p.m.: 20160518-IR-315160051RFA

Readopted filed 7/19/2022, 2:01 p.m.: 20220817-IR-315220160RFA