312 IAC 2-3-3 - Notice of consideration of application for certain designated licenses; service by license applicant
Authority: IC 14-11-4-9
Affected: IC 4-21.5; IC 14-22-26-3; IC 14-26-2; IC 14-26-5; IC 14-28-1; IC 14-29-1; IC 14-29-3; IC 14-29-4
Sec. 3.
(a) Notice
must be given under this section before a new license or a license renewal is
issued by the department under the following statutes and rules:
(2) IC 14-26-5 (lowering of lakes).
(3) IC 14-29-4 (construction of
channels).
(4) IC 14-28-1 and 312
IAC 10 (flood plain management).
(5) IC 14-22-26-3(2) and
312 IAC
9-11 (possession of wild animals that may be harmful
or dangerous to plants or animals).
(6) IC 14-29-3 and
312 IAC 6-5
(removal of substances from navigable waters of the state), including under IC
14-29-1 where the removal of substances from navigable waters is an element of
the license.
(b) The
director or the department may not issue a license until thirty (30) days after
the notice required under this section has been given. Notice may be given at
any time after an application for a license is filed with the
department.
(c) Service of a notice
must be provided by the applicant at its expense as follows:
(1) If a license application affects real
property, at least one (1) of the owners of each parcel of real property
reasonably known to be adjacent to the affected real property.
(2) In addition to service of the notice as
required in subdivision (1), the license applicant shall cause notice to be
given by publication (with proof of service made by a publisher's affidavit) in
any of the following circumstances:
(A) The
current address of a person entitled to notice under this rule is not
ascertainable.
(B) The identity or
existence of a person entitled to notice is not ascertainable.
(C) The department directs the applicant to
cause notice by publication because the license application is likely to evoke
general public interest.
(d) Service of a notice must be provided by
the department to those persons who have requested notification of a license
application that:
(1) affects the specific
real property to which the application relates; or
(2) is of the same type as the
application.
(e) Proof of
service of the notifications required under subsection (c)(1) shall be provided
by the applicant to the department as follows:
(1) If service is made by certified mail with
return receipt requested, by providing a mailing receipt showing successful
return from the person notified.
(2) If service is made in person or by first
class mail (with a certificate of mailing), by an affidavit or affirmation on a
department form including the following:
(A)
The names and addresses of each person served.
(B) The date of personal service or
mailing.
(C) If service was made by
mail, that a period of at least twenty-one (21) days has passed without the
mailing being returned as undelivered or undeliverable.
(f) A notice under this section
shall do the following:
(1) Provide the name
and address of the applicant.
(2)
Identify the statute and rule under which a permit is sought.
(3) Identify the specific real property to
which the application relates (unless the license is not related to specific
real property).
(4) Set forth any
other information required by statute or rule relative to the particular type
of permit sought.
(5) Include an
explanation of the options available to the persons served. These options shall
be as follows:
(A) File a petition with the
director requesting an informal hearing that is signed by at least twenty-five
(25) individuals who are at least eighteen (18) years of age and who:
(i) reside in the county where the licensed
activity would take place; or
(ii)
own real property within one (1) mile of the site of the proposed or existing
licensed activity.
(B)
Request the department to notify the person in writing when an initial
determination is made to issue or deny the permit. Following the receipt of
notice under this clause, the person may request administrative review by the
commission, under IC 4-21.5 and
312 IAC 3-1, of
the initial determination by the director.
Notes
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