CHAPTER 2. POWERS AND DUTIES OF COMMISSION
IC 14-10-2
Chapter 2. Powers and Duties of Commission
IC 14-10-2-1
Powers of commission
Sec. 1. The commission may do the following:
(1) Take the action that is necessary to enable the state to
participate in the programs set forth in 16 U.S.C. 470 et seq.
(2) Promulgate and maintain a state register of districts, sites,
buildings, structures, and objects significant in American or
Indiana history, architecture, archeology, and culture and
expend money for the purpose of preparing comprehensive
statewide historic surveys and plans, in accordance with criteria
established by the commission, that comply with the standards
and regulations promulgated by the United States Secretary of
the Interior for the preservation, acquisition, and development
of the properties.
(3) Establish in accordance with criteria established by the
United States Secretary of the Interior a program of matching
grants-in-aid to public agencies for projects having as their
purpose the preservation for public benefit of properties that are
significant in American or Indiana history, architecture,
archeology, and culture.
(4) Accept grants from public and private sources, including
those provided under 16 U.S.C. 470 et seq.
(5) Establish fees for the following:
(A) Programs of the department or the commission.
(B) Facilities owned or operated by the department or the
commission or a lessee of the department or commission.
(C) Licenses issued by the commission, the department, or
the director.
(D) Inspections or other similar services under this title
performed by the department or an assistant or employee of
the department.
(6) Adopt rules under IC 4-22-2 for the establishment of fees
under subdivision (5).
As added by P.L.1-1995, SEC.3. Amended by P.L.246-2005,
SEC.115.
IC 14-10-2-2
Appointment of administrative law judges; removal of judges;
division of hearings; appointment of special judge
Sec. 2. (a) The commission shall appoint administrative law
judges. An administrative law judge:
(1) is subject to IC 4-15-2; and
(2) may be removed for cause under:
(A) IC 4-21.5;
(B) IC 4-15-2, through application of the standards for
removal for cause of a person in the state service (as defined
in IC 4-15-2-3.8); or
(C) applicable provisions of the code of judicial conduct.
(b) The commission shall create a division of hearings. The
division of hearings shall assist the commission in performing the
functions of this section. The director of the division of hearings may
appoint a special administrative law judge.
(c) A person who is not appointed by:
(1) the director of the division of hearings; or
(2) the commission;
may not act as an administrative law judge.
As added by P.L.1-1995, SEC.3. Amended by P.L.99-2005, SEC.4.
IC 14-10-2-2.5
Consolidated proceedings
Sec. 2.5. (a) A person who is the party in a hearing under this title
or IC 4-21.5-7 may move to have the:
(1) environmental law judge appointed under IC 4-21.5-7; or
(2) administrative law judge appointed under section 2 of this
chapter;
consolidate multiple proceedings that are subject to the jurisdiction
of both the office of environmental adjudication and the division of
hearings.
(b) The environmental law judge or the administrative law judge
shall grant the motion made under subsection (a) if the following
findings are made:
(1) The proceedings include the following:
(A) Common questions of law or fact.
(B) At least one (1) person, other than the department or the
department of environmental management, who is a party to
all the proceedings.
(C) Issues of water quality, water quantity, or both.
(2) Consolidation may support administrative efficiency.
(c) If a motion to consolidate proceedings has been granted under
subsection (b), the hearing must be conducted by a panel that
consists of at least one (1) environmental law judge and one (1)
administrative law judge. The panel is the ultimate authority for
matters authorized under IC 4-21.5-7-5 and this title. Any party,
including the department and the department of environmental
management, may petition an appropriate court for judicial review of
a final determination of the panel.
(d) The office of environmental adjudication and the division of
hearings shall adopt joint rules to implement this section.
As added by P.L.84-2008, SEC.3.
IC 14-10-2-3
Commission as ultimate authority of department
Sec. 3. Except as provided in section 2.5 of this chapter and
IC 14-34-2-2, the commission is the ultimate authority of the
department under IC 4-21.5.
As added by P.L.1-1995, SEC.3. Amended by P.L.84-2008, SEC.4.
IC 14-10-2-4
Adoption of rules
Sec. 4. (a) The commission shall adopt rules under IC 4-22-2 to
carry out the commission's duties under this title.
(b) The commission may adopt rules to exempt an activity from
licensing under this title, except:
(1) IC 14-34;
(2) IC 14-36-1; and
(3) IC 14-38-2;
if the activity poses not more than a minimal potential for harm.
(c) Except as provided in subsection (d), whenever the department
or the director has the authority to adopt rules under IC 4-22-2, the
commission shall exclusively exercise the authority.
(d) Emergency rules adopted under section 5 of this chapter shall
be adopted by the director.
As added by P.L.1-1995, SEC.3.
IC 14-10-2-5
Emergency rules
Sec. 5. (a) The department may adopt emergency rules under
IC 4-22-2-37.1 to carry out the duties of the department under the
following:
(1) IC 14-9.
(2) This article.
(3) IC 14-11.
(4) IC 14-12-2.
(5) IC 14-14.
(6) IC 14-17-3.
(7) IC 14-18, except IC 14-18-6 and IC 14-18-8.
(8) IC 14-19-1 and IC 14-19-8.
(9) IC 14-20-1.
(10) IC 14-21.
(11) IC 14-22-3, IC 14-22-4, and IC 14-22-5.
(12) IC 14-23-1.
(13) IC 14-25, except IC 14-25-8-3, IC 14-25-11, and
IC 14-25-13.
(14) IC 14-26.
(15) IC 14-27.
(16) IC 14-28.
(17) IC 14-29.
(18) IC 14-35-1, IC 14-35-2, and IC 14-35-3.
(b) A rule adopted under subsection (a) expires not later than one
(1) year after the rule is accepted for filing by the publisher of the
Indiana Register.
As added by P.L.1-1995, SEC.3. Amended by P.L.186-2003, SEC.34;
P.L.123-2006, SEC.32.
IC 14-10-2-6
Notices of violation
Sec. 6. (a) The commission may issue a notice of violation to a
person who violates a law administered by the department for which
a misdemeanor or an infraction penalty is established. If the person:
(1) receives the notice; and
(2) fails to abate the violation within a period of not less than
fifteen (15) days specified in the notice;
the commission may impose a charge that does not exceed the
maximum amount that may be assessed by a court for committing the
violation.
(b) IC 4-21.5 applies to proceedings by the commission under this
section. The department has the burden of proving the alleged
violation by a preponderance of the evidence.
(c) A separate notice of violation may be issued or a separate
charge imposed for each day a violation occurs.
(d) The person may establish as an affirmative defense the filing
by a prosecuting attorney of a misdemeanor information or infraction
complaint based on the same event as that upon which the notice of
violation was based. The person has the burden of proving the
affirmative defense.
(e) The remedy provided by this section is supplemental to other
remedies.
As added by P.L.1-1995, SEC.3.