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

Affected: IC 4-21.5-3-23; IC 14-10-2-2.5

Sec. 11. (a) This section controls the conduct of a proceeding presided over by an administrative law judge (ALJ) that is consolidated with another pending proceeding.

(b) Before acting on a motion for consolidation, an ALJ may:

(1) Consult with any ALJ that presides over a proceeding sought to be consolidated.

(2) Request documents, briefs, or oral arguments from any party in the pending proceedings.

(c) If an ALJ enters an order for consolidation of an IDEM proceeding with a natural resources commission proceeding under IC 14-10-2-2.5(b), the order must establish a panel of ALJs that complies with IC 14-10-2-2.5(c).

(d) The ALJ, or panel of ALJs, may make any orders concerning a consolidated proceeding that are necessary and appropriate, such as ordering a separate hearing of any claim, cross-claim, counterclaim, or third party claim, or of any separate issue or any number of claims, cross-claims, counterclaims, third party claims, or issues.

(e) For convenience and to avoid prejudice, the ALJ, or panel of ALJs, may certify a disposition of fewer than all issues as being ripe for judicial review where:

(1) a dismissal is granted with prejudice;

(2) a summary judgment is granted under IC 4-21.5-3-23; or

(3) a separate hearing is conducted under subsection (d).

(f) On a party's motion, or on a motion of at least one (1) ALJ, a consolidated proceeding may be unconsolidated for convenience or to avoid prejudice. An order to unconsolidate must explain the reason for the unconsolidation.

(Office of Administrative Law Proceedings; 41 IAC 2-2-11; filed Mar 16, 2026, 12:01 p.m.: 20260415-IR-041250378FRA)