312 IAC 2-3-1 - Applicability of rule; late or incomplete license application; time for giving notice
Authority: IC 14-11-4-9
Affected: IC 4-21.5; IC 14-11-4-8; IC 14-21-1-17
Sec. 1.
(a) This
rule governs the conduct of a public hearing held on the question of the
issuance, conditioning, or denial of an original or renewal license under IC
14-11-4-8.
(b) This rule also
governs the conduct of a public hearing held under IC 14-21-1-17. However,
sections 3 through 5 of this rule do not apply to a public hearing under this
subsection.
(c) A person who
conducts a public hearing before any agency action is taken by the director, a
board, or a delegate of the director or a board may apply this rule even if IC
14-11-4-8 is inapplicable. The hearing officer who applies this subsection
shall announce at the beginning of the public hearing that this rule applies. A
board may appoint a person, a panel of persons, or the entirety of the board to
serve as the hearing officer. If this subsection is implemented, section 3 of
this rule does not apply.
(e)
The director or the delegate of the director may deny a license application
that is not completed in a reasonable period of time. If an agency action to
deny a license application is made because the application is incomplete, the
application does not qualify for a public hearing under this rule, but that
agency action is subject to administrative review under IC 4-21.5 and
312 IAC
3-1.
(f)
The time period for giving notice begins upon mailing if a notice required by
this rule or IC 14-11-4 is made by the United States mail. Three (3) days are
added to the period required for a notice that is made by the United States
mail.
Notes
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