Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 9. (a) The director may decide to designate the petitioned land areas, in whole or in part, not to designate the petitioned land areas, or to place conditions on future operations in all or part of the petitioned area that would successfully mitigate the impacts of such operations.

(b) In reaching a decision, the director shall use the following:

1. (1) Information contained in the data base and inventory system established and maintained under section 10 of this rule.
2. (2) Information provided by other governmental agencies.
3. (3) The detailed statement prepared under section 8(e) of this rule.
4. (4) Any other relevant information submitted during the comment period.

(c) A final written decision shall be issued by the director, including a statement of the reasons for the director's decision, within sixty (60) days of completion of the public hearing, or, if no public hearing is held, then within twelve (12) months after receipt of the petition accepted for further processing. The director shall simultaneously send the decision by:

1. (1) certified mail to the petitioner and intervenors; and

2. (2) regular mail to:

   1. (A) every other party to the proceeding; and
   2. (B) the regional director or the Office of Surface Mining official in charge of the operations in Indiana.

(d) The decision of the director, with respect to a petition, or the failure of the director to act within the time limits set forth in this section, shall be subject to judicial review by a court of competent jurisdiction in accordance with state law and this article.

(Natural Resources Commission; 312 IAC 25-3-9; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3437, 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)