Authority: IC 4-21.5-7-7

Affected: IC 4-21.5; IC 13-11-2-51; IC 13-13-8-3; IC 13-23-11; IC 14-10-1

Sec. 1. In addition to the definitions in IC 4-21.5-1, the definitions in this section apply throughout this title:

1. (1) "Administrative law judge" or "ALJ" means a person appointed by the natural resources commission under IC 14-10-2-2 [IC 14-10-2-2 is repealed by P.L. 92-2025 SECTION 14, effective July 1, 2025.] to function as an administrative law judge under IC 4-21.5.
2. (2) "Board" means a board established or created under IC 13-13-8-3 or IC 13-23-11.
3. (3) "Commissioner" means the commissioner of the department or the commissioner's designee.

4. (4) "Confidential information" means any information that:

   1. (A) is entitled to treatment as; or
   2. (B) has been determined to be;
5. confidential information under 326 IAC 17.1, 327 IAC 12.1, or 329 IAC 6.1 and includes any information submitted to the office under claim of confidentiality during the pendency of a final determination of the claim.
6. (5) "Decision" means an agency action as defined in IC 4-21.5-1-4 of the department or as described in IC 4-21.5-7-3.
7. (6) "Department" has the meaning set forth in IC 13-11-2-51.
8. (7) "Director" means the director of the office.
9. (8) "Division of hearings" means the division established by IC 14-10-2-2 [IC 14-10-2-2 is repealed by P.L. 92-2025 SECTION 14, effective July 1, 2025.].
10. (9) "Environmental law judge" or "ELJ" means an individual acting in the capacity of an administrative law judge in a proceeding under IC 4-21.5.
11. (10) "Final order" means an order of the ELJ, acting as ultimate authority, disposing of the proceeding prescribed by IC 4-21.5-3-27.
12. (11) "Natural resources commission" means the commission established under IC 14-10-1.
13. (12) "Office" means the office of environmental adjudication.
14. (13) "Presiding environmental law judge" means the ELJ assigned by the director to preside over a particular proceeding.

(Office of Environmental Adjudication; 315 IAC 1-2-1; filed Jun 2, 1998, 3:47 p.m.: 21 IR 3732; readopted filed Aug 11, 2004, 12:04 p.m.: 28 IR 323; filed Sep 16, 2005, 1:40 p.m.: 29 IR 469; filed Apr 3, 2009, 2:09 p.m.: 20090429-IR-315080689FRA; readopted filed May 18, 2010, 1:45 p.m.: 20100602-IR-315100174RFA; filed Feb 24, 2011, 2:03 p.m.: 20110323-IR-315100482FRA; 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)