Authority: IC 14-34-2-1

Affected: IC 4-21.5; IC 14-34-15-12

Sec. 123. (a) Any action of the director or the commission is subject to judicial review by a court of competent jurisdiction. The court shall comply with IC 4-21.5 in all judicial review proceedings. The availability of judicial review under section 122 of this rule and this section does not limit the operation of rights under IC 14-34-15-12.

(b) The commencement of a judicial review proceeding under section 122 of this rule and this section does not operate as a stay of the action, order, or decision of the director or the commission.

(c) Pending final determinations of the judicial review proceeding, the court may grant temporary relief if:

1. (1) all parties to the proceedings were notified and given an opportunity to be heard on a request for temporary relief;
2. (2) the person requesting the relief shows a substantial likelihood that he or she will prevail on the merits of the final determination of the proceeding; and
3. (3) the temporary relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.

(Natural Resources Commission; 312 IAC 25-4-123; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3493, eff Dec 1, 2001; errata filed Nov 20, 2001, 11:55 a.m.: 25 IR 1182; 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)