105 IAC 7-4-12 - Appeal procedures; no contract between department and permittee and no tort action permitted against department for negligent permitting of signs
Authority: IC 8-23-2-6; IC 8-23-20-25
Affected: IC 4-21.5; IC 8-23-20
Sec. 12.
(a) An
applicant whose permit application is denied, or any permittee or property
owner who is sent a notice by the department that such permit is being revoked
or whose modification request for an addendum to such permit is denied or that
such permit is being changed to a permit for a nonconforming sign, may appeal
that determination in accordance with the provisions of IC
8-23-20-26
and IC 4-21.5, as well as subsection (c).
(b) Whenever the department is sending a
notice of a permit denial or revocation to the permittee or the property owner,
service of that notice shall be deemed sufficient if sent to such person or
entity by U.S. certified mail at the last known address in the records of the
department. However, if an applicant or a permittee has properly submitted to
the department a designation of a person or entity to receive notice of the
denial of any permit application and of any revocation notice for a permit, the
department will send any such notice to that designated person or entity
instead.
(c) Each request for an
appeal shall be submitted to the department within the period provided by IC
4-21.5, shall be in writing, and shall contain the following:
(1) Whether the appellant is the permittee,
the property owner, or a person or entity properly designated in accordance
with subsection (b).
(2) The
appellant's address and phone number.
(3) Each permit number, if any.
(4) The location of the sign.
(5) A statement outlining the specific basis
for the appeal. Service of that appeal request shall be deemed sufficient if
served on the department by personal service or by U.S. mail at the address
specified in the department's notice, as required by IC
4-21.5-3-1(c).
(d) Hearings will be held in
Indianapolis at the department's offices or other nearby location. The failure
of a permittee or other person who has appealed to appear at the time and place
of the hearing shall be deemed a withdrawal of the appeal, and the written
revocation notice, denial of permit application or addendum, or other
determination shall constitute a final order of the commissioner and shall not
be subject to further administrative review.
(e) Action or inaction of the department with
respect to an application, permit, or modification request for an addendum, and
any other action or inaction of the department of any kind or nature relating
to a sign shall be solely in furtherance of the department's public policy
responsibilities and shall not be grounds for a cause of action against the
department based in tort or based in any other manner on negligent permitting.
The determination of an application or modification request by the department,
or the permit, permit tag, or addendum issued by the department, or any fee
received by the department under this rule or applicable law shall not
constitute the basis under any circumstances of a contractual relationship
between the department and any other person or entity.
Notes
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