Section 925 IAC 2-6-4 - Commissioner investigationAuthority: IC 36-7-11.2-27
Affected: IC 36-7-11.2-37
Sec. 4.
(a) Before voting on a case, the petitioner or applicant, an interested party, or a commission member may request the case to be continued so that an investigative committee of commission members may have the opportunity to investigate the site and the facts of the case.(b) If a majority of the commissioners present and voting at the meeting concur with the request, the commission may chose two (2) or three (3) commission members to serve on a committee to proceed with an investigation and report its findings to the commission at the hearing to which the case has been continued.(c) There shall not be less than two (2) or more than three (3) members chosen for an investigative committee, and all members of the committee must be present during any visit to the site or fact investigation.(d) While undertaking its investigation of the facts, the committee may: (2) talk to the petitioner or applicant and persons involved in developing the petitioner's plans in order to obtain a clear understanding of the submitted proposal and any alternative the petitioner wishes to propose; and(3) talk with professionals about the facts of the case.(e) While investigating, the committee shall not:(1) make any determination;(2) make any comments on the facts of the case or express any opinion on the investigation or recommendations that may be made to the commission; or(3) commit any or all commission members to any opinion or action.(f) Nothing contained in this rule shall be construed to prohibit an individual commissioner from doing a drive-by or walk-by site inspection provided that there is no communication with any interested party or petitioner. Meridian Street Preservation Commission; 925 IAC 2-6-4; filed Mar 4, 2002, 3:00 p.m.: 25 IR 2253; readopted filed Jun 17, 2008, 9:31 a.m.: 20080625-IR-925080296RFAReadopted filed 10/3/2014, 3:26 p.m.: 20141029-IR-925140250RFA