Authority: IC 4-21.5-3-35; IC 4-21.5-7-7

Affected: IC 4-21.5-7-3; IC 13-11-2; IC 13-19; IC 14-10-2-2.5

Sec. 1. (a) The procedural requirements established by this rule shall apply to all proceedings governed by IC 4-21.5-7-3 for which an environmental law judge in the office of environmental adjudication is the ultimate authority, including adjudicatory hearings required to implement the following:

1. (1) Air pollution control laws, water pollution control laws, environmental management laws, solid waste and hazardous waste control laws, and financial assurance board laws.

2. (2) Rules of the following:

   1. (A) The environmental rules board.
   2. (B) The financial assurance board.
3. (3) Any other decision of the commissioner for which appeal under IC 4-21.5 is specifically provided.

In conjunction with 312 IAC 3-1, this rule also governs a proceeding consolidated with the natural resources commission, division of hearings under IC 14-10-2-2.5(b).

(b) Procedural questions arising at any stage of the proceeding that are not addressed in these rules shall be resolved at the discretion of the presiding environmental law judge.

(Office of Environmental Adjudication; 315 IAC 1-1-1; filed Jun 2, 1998, 3:47 p.m.: 21 IR 3732; errata, 21 IR 4215; readopted filed Aug 11, 2004, 12:04 p.m.: 28 IR 323; filed Apr 3, 2009, 2:09 p.m.: 20090429-IR- 315080689FRA; readopted filed May 18, 2010, 1:45 p.m.: 20100602-IR-315100174RFA; readopted filed Apr 25, 2016, 2:08 p.m.: 20160518-IR-315160051RFA; errata filed May 18, 2022, 1:12 p.m.: 20220525-IR-315220181ACA; readopted filed Jul 19, 2022, 2:01 p.m.: 20220817-IR-315220160RFA)