Authority: IC 4-21.5-7-7

Affected: IC 4-21.5-3-24

Sec. 7. (a) An ELJ may enter a final order of dismissal if the person who initiated administrative review requests the proceeding be dismissed.

(b) An ELJ may, sua sponte or upon the motion of a party, enter and serve upon all parties a proposed order of default or dismissal under IC 4-21.5-3-24 if at least one (1) of the following applies:

1. (1) A party fails to:

   1. (A) file a responsive pleading required by statute or rule; or
   2. (B) attend or participate in a prehearing conference, hearing, or other stage of the proceeding.
2. (2) The party responsible for taking action does not take action on a matter for a period of at least sixty (60) days.
3. (3) The party seeking administrative review does not qualify for review under IC 4-21.5.

(c) Within seven (7) days after service of a proposed order of default or dismissal, a party may file a written motion:

1. (1) requesting the order not be imposed; and
2. (2) stating the grounds relied upon.

(d) During the time within which a party may file a written motion under subsection (c), the presiding ELJ may:

1. (1) adjourn the proceedings; or
2. (2) conduct them without participation of the party against whom a proposed default order was issued;

having due regard for the interest of justice and the orderly and prompt conduct of the proceeding.

(e) If the party fails to file a written motion under subsection (c), the presiding ELJ shall issue an order of default or dismissal. If the party has filed a written motion under subsection (c), the presiding ELJ may either enter or refuse to enter the order of default or dismissal.

(f) After issuing an order of default, but before issuing a final order or disposition, the presiding ELJ shall:

1. (1) conduct any action necessary to complete the proceeding without the participation of the party in default; and
2. (2) determine all issues in the adjudication, including those affecting the defaulted party.

(Office of Environmental Adjudication; 315 IAC 1-3-7; filed Jun 2, 1998, 3:47 p.m.: 21 IR 3735; readopted filed Aug 11, 2004, 12:04 p.m.: 28 IR 323; filed Sep 16, 2005, 1:40 p.m.: 29 IR 473; readopted filed May 18, 2010, 1:45 p.m.: 20100602-IR- 315100174RFA; readopted filed Apr 25, 2016, 2:08 p.m.: 20160518-IR-315160051RFA; readopted filed Jul 19, 2022, 2:01 p.m.: 20220817-IR-315220160RFA)