CHAPTER 7. ENVIRONMENTAL ADJUDICATION
IC 4-21.5-7
Chapter 7. Environmental Adjudication
IC 4-21.5-7-1
"Director" defined
Sec. 1. As used in this chapter, "director" refers to the director of
the office of environmental adjudication established by section 3 of
this chapter.
As added by P.L.41-1995, SEC.2.
IC 4-21.5-7-2
"Office" defined
Sec. 2. As used in this chapter, "office" refers to the office of
environmental adjudication established by section 3 of this chapter.
As added by P.L.41-1995, SEC.2.
IC 4-21.5-7-3
Office of environmental adjudication; duties
Sec. 3. (a) The office of environmental adjudication is established
to review, under this article, agency actions of the department of
environmental management, actions of a board described in
IC 13-14-9-1, and challenges to rulemaking actions by a board
described in IC 13-14-9-1 made pursuant to IC 4-22-2-44 or
IC 4-22-2-45.
(b) The office of environmental adjudication shall:
(1) conduct adjudicatory hearings required to implement:
(A) air pollution control laws (as defined in IC 13-11-2-6),
water pollution control laws (as defined in IC 13-11-2-261),
environmental management laws (as defined in
IC 13-11-2-71), and IC 13-19;
(B) rules of:
(i) the air pollution control board;
(ii) the water pollution control board;
(iii) the solid waste management board; and
(iv) the financial assurance board; and
(C) agency action of the department of environmental
management; and
(2) notify a board referred to in subdivision (1)(B) of a final
order of the office of environmental adjudication that interprets:
(A) a rule of the board; or
(B) a statute under which a rule of the board is authorized.
As added by P.L.41-1995, SEC.2. Amended by P.L.1-1996, SEC.27;
P.L.240-2003, SEC.1; P.L.99-2005, SEC.1.
IC 4-21.5-7-4
Employees
Sec. 4. The office consists of the following employees:
(1) A director appointed by the governor who may serve as an
environmental law judge.
(2) Environmental law judges, employed by the director.
(3) Any other staff, employed by the director, that are necessary
to carry out the functions of the office.
(b) In the event of a vacancy, the governor shall appoint the
director based upon recommendations by a four member (4) panel.
Not more than two (2) members of the panel may be affiliated with
the same political party. The panel shall consist of:
(1) one (1) person, who shall serve as the chair of the panel,
appointed by the chief justice of the supreme court of Indiana;
(2) one (1) person appointed by the governor;
(3) one (1) person appointed by the speaker of the house of
representatives;
(4) one (1) person appointed by the president pro tempore of the
senate;
The panel shall nominate three (3) candidates for each vacancy and
certify them to the governor as promptly as possible, but not later
than sixty (60) days from the date a vacancy occurs. Not later than
thirty (30) days after receipt of the panel's list of three (3) candidates,
the governor may select one (1) candidate from the panel's list, or the
governor may request that the panel nominate three (3) additional
candidates. The panel shall meet whenever there is a vacancy in the
director position.
As added by P.L.41-1995, SEC.2.
IC 4-21.5-7-5
Decisions reviewed by law judge
Sec. 5. Except as provided in IC 14-10-2-2.5, an environmental
law judge is the ultimate authority under this article for reviews of
agency actions of the department of environmental management,
actions of a board described in IC 13-14-9-1, and challenges to
rulemaking actions by a board described in IC 13-14-9-1 made
pursuant to IC 4-22-2-44 or IC 4-22-2-45.
As added by P.L.41-1995, SEC.2. Amended by P.L.99-2005, SEC.2;
P.L.84-2008, SEC.1.
IC 4-21.5-7-5.5
Consolidated proceedings
Sec. 5.5. A proceeding that is subject to the jurisdiction of both
the office and the natural resources commission's division of hearings
established under IC 14-10-2-2 may be consolidated under
IC 14-10-2-2.5.
As added by P.L.84-2008, SEC.2.
IC 4-21.5-7-6
Qualification and removal of law judge and director; appointment
of special judge
Sec. 6. (a) An environmental law judge hired after July 1, 1995,
and the director must:
(1) be attorneys admitted to the bar of Indiana;
(2) have at least five (5) years of experience practicing
administrative or environmental law in Indiana;
(3) be independent of the department of environmental
management; and
(4) be subject to all provisions applicable to an administrative
law judge under this article.
(b) The director or an environmental law judge may be removed
for cause under:
(1) this article;
(2) 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
(3) applicable provisions of the code of judicial conduct.
(c) The director may appoint a special environmental law judge.
The special environmental law judge must meet the requirements of
subsection (a).
As added by P.L.41-1995, SEC.2. Amended by P.L.99-2005, SEC.3.
IC 4-21.5-7-7
Powers of office
Sec. 7. The office may:
(1) adopt forms; and
(2) establish procedural rules IC 4-22-2;
consistent with this article.
As added by P.L.41-1995, SEC.2.
IC 4-21.5-7-8
Proposed budget; payment of expenses
Sec. 8. (a) The director shall prepare the proposed budget for the
office.
(b) The expenses of the office shall be paid from money allotted
to the office of environmental adjudication to maintain the office.
As added by P.L.41-1995, SEC.2. Amended by P.L.25-1997, SEC.2.
IC 4-21.5-7-9
Receipt and acceptance of gifts
Sec. 9. The office, on behalf of the state, may accept and receive
from any source gifts and other funds that are made available to the
state for the purposes of this chapter.
As added by P.L.25-1997, SEC.3.