Authority: IC 13-14-8; IC 13-19-3-1

Affected: IC 5-14-3; IC 13-14-11

Sec. 4. If the commissioner determines that the information is not confidential based on 326 IAC 17.1-4, the commissioner shall notify the person who submitted the claim of such determination. The notification shall be in writing, sent certified mail, with return receipt requested, and shall state the following:

1. (1) The basis for the determination.
2. (2) Notice that the person may appeal the commissioner's determination.
3. (3) The procedure for appealing the commissioner's determination, including the time period provided by IC 4- 21.5.
4. (4) Notice that if the determination is timely appealed, the information shall be treated as confidential until the petition for review is denied or the commissioner is ordered not to treat the information as confidential.
5. (5) Notice that unless the person timely appeals the determination, the information shall be made available to the public.

(Air Pollution Control Division; 326 IAC 17.1-5-4; filed Jan 26, 2000, 2:03 p.m.: 23 IR 1371; readopted filed Apr 10, 2006, 11:05 a.m.: 29 IR 2684; readopted filed Apr 10, 2006, 11:05 a.m.: 29 IR 2684, eff Jan 1, 2007; readopted filed Jul 29, 2013, 9:34 a.m.: 20130828-IR-326130173BFA; readopted filed Jun 14, 2019, 2:02 p.m.: 20190710-IR-326190244BFA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)