Authority: IC 4-21.5-7-7

Affected: IC 4-21.5-3-7; IC 4-21.5-3-15; IC 4-21.5-4; IC 13-15-6-1

Sec. 2. (a) A proceeding before the office is initiated when a petition for administrative review, which may include a request for a stay, in writing, is filed with the Office of Environmental Adjudication.

(b) The petition for administrative review shall contain the following information:

1. (1) The:

   1. (A) name;
   2. (B) address;
   3. (C) telephone number;
2. of each person filing the petition.
3. (2) Identification of the interest of each petitioner in the subject of the petition.

4. (3) A statement demonstrating that the petitioner is:

   1. (A) a person to whom the order is directed;
   2. (B) aggrieved or adversely affected by the order; or
   3. (C) entitled to review under any law.

5. (4) State with particularity the legal issues proposed for consideration in the proceedings as follows:

   1. (A) In a case involving an appeal of a permit, identify the following:

      1. (i) Environmental concerns or technical deficiencies related to the action of the commissioner that is the subject of the petition.
      2. (ii) Permit terms and conditions that the petitioner contends would be appropriate to comply with the law applicable to the contested permit.

   2. (B) In a case involving any other appeal of an order of the commissioner, identify those:

      1. (i) facts;
      2. (ii) terms; or
      3. (iii) conditions;
   3. for which the petitioner requests review.

(c) The petition for administrative review shall also contain the following information:

1. (1) Identification of any persons represented by the person making the request under IC 4-21.5-3-15.
2. (2) A statement identifying the person against whom administrative review is sought.

3. (3) A copy of the pertinent portions of the notice of the commissioner's action issued by the department that is the basis of the petition for administrative review. This shall, at a minimum, consist of that portion of the commissioner's action that identifies the following:

   1. (A) The person to whom the action is directed.
   2. (B) The identification number of the action.
4. (4) A statement indicating the identification of the petitioner's attorney or other representative.

(d) The presiding ELJ may, upon his or her own motion, provide a petitioner with notice that a petition for review is incomplete and order a petitioner to supplement the petition for review to comply with the requirements of this section.

(e) A petition for administrative review, filed under IC 4-21.5-3-7(a), may be amended as a matter of course at any time within thirty (30) days after the earlier of the following dates:

1. (1) The initial prehearing conference.
2. (2) The filing of a motion to dismiss.
3. (3) Service of a notice of incomplete petition and order to supplement.

Otherwise, a party may amend his or her petition only by leave of the presiding ELJ or by written consent of all parties.

(f) If the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading.

(g) Copies of the petition for administrative review shall be sent to the following:

1. (1) The department.
2. (2) All persons to whom the order is directed.

(Office of Environmental Adjudication; 315 IAC 1-3-2; filed Jun 2, 1998, 3:47 p.m.: 21 IR 3733; readopted filed Aug 11, 2004, 12:04 p.m.: 28 IR 323; filed Sep 16, 2005, 1:40 p.m.: 29 IR 470; filed Jan 26, 2007, 10:53 a.m.: 20070214-IR-315060091FRA; 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; readopted filed Jul 19, 2022, 2:01 p.m.: 20220817-IR-315220160RFA)