Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 8. (a) Within ten (10) months after the receipt of a complete petition, the director shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held. The director may subpoena witnesses as necessary. A record of the hearing shall be made and preserved, and:

1. (1) no party shall have the burden of proof or persuasion; and

2. (2) all:

   1. (A) relevant parts of the data base and inventory system; and
   2. (B) public comment received during the public comment period set by the director or at the hearing;
3. shall be included in the record and considered by the director in deciding the petition.

(b) The director shall give notice of the date, time, and location of the hearing to:

1. (1) local, state, and federal agencies that may have an interest in the decision on the petition;
2. (2) the petitioner and the intervenors; and
3. (3) any person known by the director to have a property interest in the area covered by the petition.

Notice of the hearing shall be sent by certified mail to petitioners and intervenors and by regular mail to other persons involved in the proceedings and postmarked not less than thirty (30) days before the scheduled date of the hearing.

(c) The director shall notify the general public of the date, time, and location of the hearing by placing a newspaper advertisement once a week for two (2) consecutive weeks and once during the week prior to the scheduled date of the hearing in the locale of the area covered by the petition.

(d) The director may consolidate in a single hearing the hearings required for each of several petitions that relate to areas in the same locale.

(e) Prior to designating any land areas as unsuitable for surface coal mining operations, the director shall prepare a detailed statement, using existing and available information on the following:

1. (1) The potential coal resources of the area.
2. (2) The demand for coal resources.

3. (3) The impact of such designation on the following:

   1. (A) The environment.
   2. (B) The economy.
   3. (C) The supply of coal.

(f) In the event that all petitioners and intervenors stipulate agreement prior to the hearing, the petition may be withdrawn from consideration.

(Natural Resources Commission; 312 IAC 25-3-8; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3436, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA; readopted filed Mar 26, 2019, 3:40 p.m.: 20190424-IR-312190011RFA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)