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. 2. (a) A person may seek administrative review of the placement or maintenance of a structure under section 1 or 1.2 of this rule.

(b) Administrative review under this section is subject to IC 4-21.5 and 312 IAC 3-1. If a dispute involves the placement of a pier, another temporary structure, or a glacial stone reface, where the review of another structure authorized by a general license appears appropriate to a full and fair determination of the dispute, the administrative law judge may order additional parties joined.

(c) The administrative law judge shall commit the matter to mediation under 312 IAC 11-1-3 as soon as practicable. Except as otherwise provided in this subsection, no administrative review brought under this section shall proceed to formal discovery or to a hearing without the completion of at least two (2) mediation sessions. A mediation session is not required to be scheduled where either:

1. (1) all parties agree during a prehearing conference, during a status conference, or in writing not to participate in mediation; or
2. (2) a party is dismissed or defaulted under 312 IAC 3-1-9(a), 312 IAC 3-1-9(b)(1), or 312 IAC 3-1- 9(b)(2).

(d) Unless otherwise ordered by the administrative law judge or agreed in writing by all the parties, any structure placed by a party under section 1 of this rule must be removed from along or lakeward of the shoreline or water line upon the later of the following:

1. (1) Ninety (90) days after filing of the request for administrative review.
2. (2) January 1 of the year following the filing of the request for administrative review.

(e) In exercising discretion under subsection (d), an administrative law judge shall consider whether the structure poses a substantial intrusion or merely a de minimis intrusion to the interests protected by IC 14-26-2, IC 14-15-7-3, and this rule.

(Natural Resources Commission; 312 IAC 11-3-2; filed Feb 26, 1999, 5:49 p.m.: 22 IR 2224; filed Jan 23, 2001, 10:05 a.m.: 24 IR 1615; filed Jun 21, 2001, 3:03 p.m.: 24 IR 3374; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; filed Aug 27, 2010, 11:11 a.m.: 20100922-IR-312090806FRA, eff Jan 1, 2011; 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)