Section 4-21.5-3-4 - Notice required; licenses and personnel decisions; persons who must be notified; contents(a) Notice must be given under this section concerning the following: (1) The denial of a driver's license by the bureau of motor vehicles under IC 9.(2) The grant, renewal, restoration, transfer, or denial of a noncommercial fishing or hunting license by the department of natural resources under IC 14.(3) The grant, renewal, restoration, transfer, or denial of a license by an entity described in IC 25-0.5-9.(4) The grant, renewal, suspension, revocation, or denial of a certificate of registration under IC 25-5.2.(5) A personnel decision by an agency.(6) The grant, renewal, restoration, transfer, or denial of a license by the department of environmental management or the commissioner of the department under the following:(A) Environmental management laws (as defined in IC 13-11-2-71) for the construction, installation, or modification of:(i) sewers and appurtenant facilities, devices, or structures for the collection and transport of sewage (as defined in IC 13-11-2-200) or storm water to a storage or treatment facility or to a point of discharge into the environment; or(ii) pipes, pumps, and appurtenant facilities, devices, or structures that are part of a public water system (as defined in IC 13-11-2-177.3) and that are used to transport water to a storage or treatment facility or to distribute water to the users of the public water system; where a federal, state, or local governmental body has given or will give public notice and has provided or will provide an opportunity for public participation concerning the activity that is the subject of the license.
(B) Environmental management laws (as defined in IC 13-11-2-71) for the registration of a device or a piece of equipment.(C) IC 13-17-6-1 for a person to engage in the inspection, management, and abatement of asbestos containing material.(D) IC 13-18-11 for a person to operate a wastewater treatment plant.(E) IC 13-15-10 for a person to operate the following:(i) A solid waste incinerator or a waste to energy facility.(ii) A land disposal site.(iii) A facility described under IC 13-15-1-3 whose operation could have an adverse impact on the environment if not operated properly.(F) IC 13-20-4 for a person to operate a municipal waste collection and transportation vehicle.(b) When an agency issues an order described by subsection (a), the agency shall give a written notice of the order to the following persons: (1) Each person to whom the order is specifically directed.(2) Each person to whom a law requires notice to be given. A person that is entitled to notice under this subsection is not a party to any proceeding resulting from the grant of a petition for review under section 7 of this chapter unless the person is designated as a party on the record of the proceeding.
(c) The notice must include the following: (1) A brief description of the order.(2) A brief explanation of the available procedures and the time limit for seeking administrative review of the order under section 7 of this chapter.(3) Any information required by law.(d) An order under this section is effective when it is served. However, if a timely and sufficient application has been made for renewal of a license described by subsection (a)(3) and review is granted under section 7 of this chapter, the existing license does not expire until the agency has disposed of the proceeding under this chapter concerning the renewal, unless a statute other than this article provides otherwise. This subsection does not preclude an agency from issuing under IC 4-21.5-4 an emergency or other temporary order with respect to the license.(e) If a petition for review of an order described in subsection (a) is filed within the period set by section 7 of this chapter and a petition for stay of effectiveness of the order is filed by a party or another person that has a pending petition for intervention in the proceeding, an administrative law judge shall, as soon as practicable, conduct a preliminary hearing to determine whether the order should be stayed in whole or in part. The burden of proof in the preliminary hearing is on the person seeking the stay. The administrative law judge may stay the order in whole or in part. The order concerning the stay may be issued after an order described in subsection (a) becomes effective. The resulting order concerning the stay shall be served on the parties and any person that has a pending petition for intervention in the proceeding. It must include a statement of the facts and law on which it is based.Amended by P.L. 198-2016, SEC. 7, eff. 7/1/2016.Amended by P.L. 3-2014, SEC. 3, eff. 7/1/2014.As added by P.L. 18-1986, SEC.1. Amended by P.L. 35-1989, SEC.3; P.L. 25-1991, SEC.1; P.L. 33-1993, SEC.1; P.L. 1-1996, SEC.25; P.L. 54-2001, SEC.2; P.L. 184-2002, SEC.1.