Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23

Affected: IC 4-21.5; IC 14-15; IC 14-26-2

Sec. 3. (a) A riparian owner or the department may initiate a proceeding under IC 4-21.5 and 312 IAC 3-1 to seek resolution by the commission of a dispute among riparian owners, or between a riparian owner and the department, concerning the usage of an area over, along, or within a shoreline or waterline of a public freshwater lake.

(b) A party to a proceeding initiated under subsection (a) may seek mediation of the dispute under IC 4-21.5. The administrative law judge shall approve the use of mediation if the request is made by:

1. (1) a party within thirty (30) days of the initiation of the proceeding;
2. (2) a party within thirty (30) days after a party is joined as determined necessary for just adjudication or by agreement of the parties; or
3. (3) agreement of the parties.

(c) The administrative law judge may at any time approve the use of mediation.

(d) If a good faith effort by the parties to the mediation fails to achieve a settlement, the department shall make an initial determination of the dispute, file the determination with the administrative law judge, and serve it upon the parties. Within twenty (20) days after filing the initial determination, a party may request that the administrative law judge perform administrative review of the initial determination.

(e) If a request for administrative review is received under subsection (d), the administrative law judge shall seek a final disposition of the proceeding as soon as is practicable.

(Natural Resources Commission; 312 IAC 11-1-3; filed Jun 21, 2001, 3:03 p.m.: 24 IR 3374; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed Jul 28, 2011, 10:28 a.m.: 20110824-IR- 312110042RFA; readopted filed Jul 19, 2017, 3:46 p.m.: 20170816-IR-312170133RFA; readopted filed Mar 22, 2023, 4:07 p.m.: 20230419-IR-312230066RFA)