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

Affected: IC 4-21.5; IC 13-15-6-3; IC 13-30-3-5

Sec. 3. (a) The party requesting a stay of effectiveness of an IDEM administrative action has the burden of demonstrating, by a preponderance of the evidence, the following:

(1) The person will suffer irreparable harm pending the resolution of the case on the merits because its remedies at law are inadequate.

(2) The person is likely to prevail on the merits.

(3) The threatened injury to the person requesting the stay outweighs the threatened harm that the grant of the stay may inflict on the other party.

(4) The public interest will be served by the grant of the stay.

This section does not apply to automatic stays under IC 13-30-3-5(a).

(b) A temporary emergency stay order may be granted for an IDEM administrative action without a hearing under the following circumstances:

(1) Upon written notice to the other parties or their attorneys only if it clearly appears:

(A) from specific facts shown by affidavit; or

(B) by a verified motion;

that immediate and irreparable injury, loss, or damage will result to the applicant before the other parties can be heard in opposition.

(2) The resulting order includes a brief statement of the facts and laws that justify the office's decision to issue the emergency stay order.

(3) The matter is set for an evidentiary hearing as quickly as practicable.

(4) An order issued under this section expires on the earliest of the following:

(A) The date set in the order.

(B) The date of the evidentiary hearing held under subdivision (3).

(C) The lapse of sixty (60) days.

(c) A stay of effectiveness, including a temporary emergency stay order, may be granted by agreement of the parties.

(Office of Administrative Law Proceedings; 41 IAC 2-2-3; filed Mar 16, 2026, 12:01 p.m.: 20260415-IR-041250378FRA)