Authority: IC 4-15-10.5-11; IC 4-21.5-3-35

Affected: IC 4-21.5-3; IC 9-32; IC 13-14-8-11; IC 13-15; IC 13-20-13-5.5; IC 13-20-14-5.6; IC 13-23-9-4; IC 13-30-3-5

Sec. 1. (a) A proceeding before the office is initiated when a petition for administrative review or complaint, which may include a request for a stay, is filed with the office.

(b) In addition to any applicable requirements of IC 4-21.5-3 or other law, the petition or complaint should contain the following information:

(1) The:

(A) name;

(B) mailing address;

(C) telephone number; and

(D) email address;

of each person seeking administrative review.

(2) A copy of the agency action for which the filing party is seeking administrative review, if applicable.

(3) A statement identifying the filing party's attorney or other representative, if applicable.

(4) For the administrative review of an agency action from IDEM, the petition or complaint must state with particularity the legal issues proposed for consideration in the proceedings as follows:

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

(i) Environmental concerns or technical deficiencies related to the agency action that is the subject of the petition.

(ii) Permit terms and conditions that the petitioner contends would be appropriate to comply with the law applicable to the contested permit.

(B) In a case involving any other appeal of an agency action, identify those:

(i) facts;

(ii) terms; or

(iii) conditions;

for which the petitioner requests review.

(c) The presiding administrative law judge (ALJ) may, on their own motion or by motion of a party, provide a party with notice that a petition or complaint is incomplete and order a party to supplement the petition or complaint to comply with the requirements of this section.

(d) A petition or complaint, except for cases from FSSA, may be amended as a matter of course at any time within fifteen (15) days after the earlier of the following dates:

(1) The initial prehearing conference.

(2) The filing of a motion to dismiss.

(3) Service of a notice of incomplete petition or complaint and order to supplement.

Otherwise, a party may amend the petition or complaint only by permission of the presiding ALJ.

(e) 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.

(f) Copies of the petition or complaint shall be sent to all other parties to the case.

(g) Changes in a party's name, mailing address, email address, or telephone number occurring during a proceeding must be communicated promptly in writing to the office and all parties to the proceeding. Service of orders or correspondence from the office shall be made to the last known mailing or email address on file.

(Office of Administrative Law Proceedings; 41 IAC 2-2-1; filed Mar 16, 2026, 12:01 p.m.: 20260415-IR-041250378FRA)