Authority: IC 14-10-2-4

Affected: IC 4-21.5-3-14; IC 4-21.5-3-33; IC 14-34-4-6; IC 14-34-4-13; IC 25

Sec. 17. (a) The record required to be kept by an administrative law judge under IC 4-21.5-3-14 commences when a proceeding is initiated under section 3(a) of this rule and includes the items described in IC 4-21.5-3-33.

(b) In addition to subsection (a), this subsection applies to a proceeding concerning the approval or disapproval of a permit application, permit revision application, or permit renewal under IC 14-34-4-13. However, nothing in this subsection precludes the admission of testimony or exhibits that are limited to the explanation or analysis of materials included in the record before the director, or the manner in which the materials were applied, used, or relied upon in evaluating the application. Upon a timely objection made before or during a hearing, the administrative law judge shall exclude testimony or exhibits that are offered but that identify or otherwise address matters that are not part of the record before the director under IC 14-34-4-13. The record before the director includes each of the following:

1. (1) The permit.
2. (2) The permit application as defined at 312 IAC 25-1-11.
3. (3) Documentation tendered or referenced, in writing, by the applicant or an interested person for the purposes of evaluating, or used by the department to evaluate, the application.
4. (4) The analyses of the department in considering the application, including the expertise of the department's employees and references used to evaluate the application.
5. (5) Documentation received under IC 14-34-4, including the conduct and results of any informal conference or public hearing under IC 14-34-4-6.
6. (6) Correspondence received or generated by the department relative to the application, including letters of notification, proofs of filing newspaper advertisements, and timely written comments from an interested person.

(Natural Resources Commission; 312 IAC 3-1-17; filed Feb 5, 1996, 4:00 p.m.: 19 IR 1323; readopted filed Oct 2, 2002, 9:10 a.m.: 26 IR 546; errata filed May 7, 2008, 10:49 a.m.: 20080521-IR-312080333ACA; readopted filed Jul 21, 2008, 12:16 p.m.: 20080813-IR-312080052RFA; readopted filed May 20, 2014, 9:48 a.m.: 20140618-IR-312140027RFA; readopted filed Jul 21, 2020, 4:07 p.m.: 20200819-IR-312200206RFA)