105 IAC 3-3-24 - Enforcement of department actions

Authority: IC 8-9.5-5-8

Affected: IC 4-21.5; IC 8-9.5; IC 8-21-1

Sec. 24.

(a) The department shall after notice and opportunity for hearing to any holder of a certificate of site approval, revoke such certificate and order said private-use airport closed when it shall reasonably determine:

(1) that there has been a failure within the time prescribed, or if no time was prescribed, within a reasonable time to develop the site as a private-use airport;

(2) that there has been failure to maintain compliance with the conditions of the certificate of site approval;

(3) that the physical appearance would indicate that there has been an abandonment of the site as a private-use airport;

(4) that because of change of physical or legal conditions or circumstances that site is no longer suitable for aeronautical purposes for which the approval was granted.

(b) Any person adversely affected by this regulation ( 100 IAC 3-4) [this rule] or any department orders issued under it may appeal the decision according to the procedures for review set forth in the Indiana Administrative Adjudication Act (Indiana Code 4-22-1, et. seq.).

Notes

105 IAC 3-3-24

Indiana Code 4-22-1, et. seq.. Indiana Department of Transportation; 105 IAC 3-3-24; filed Jan 6, 1983, 1:55 p.m.: 6 IR 317; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA Readopted filed 10/4/2019, 9:49 a.m.: 20191030-IR-105190422RFA

Transferred from Department of Transportation ( 100 IAC 3-4-24) to Indiana Department of Transportation ( 105 IAC 3-3-24) by P.L. 112-1989, SECTION 5, effective July 1, 1989.