Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3

Affected: IC 4-21.5; IC 13-14-11

Sec. 4. If the commissioner determines that the information is not confidential based on 327 IAC 12.1-4, the commissioner shall notify the person who submitted the claim of such determination. The notice 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.

(Water Pollution Control Division; 327 IAC 12.1-6-4; filed Mar 9, 2000, 7:47 a.m.: 23 IR 1635; readopted filed Aug 17, 2006, 10:31 a.m.: 20060830-IR-327060183BFA; readopted filed Jul 18, 2012, 2:25 p.m.: 20120815-IR-327120261BFA; readopted filed Jun 6, 2018, 1:59 p.m.: 20180704-IR-327180171BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR- 327230810RFA)