Section 105IAC3-3-15. Enforcement of department actions

   (a) The department shall after notice and opportunity for hearing to any holder of a certificate of site approval and/or operating certificate of approval, revoke such certificate(s) and order said public-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 public-use airport;

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

(3) that the physical appearance would indicate that there has been an abandonment of the site as a public-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) Continued use and operation of a public-use airport without a valid operating certificate of approval shall result in the department invoking the aid of the courts to carry out its orders by injunction or other legal process.

  (c) 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.).

  (d) Upon the abandonment, temporary or permanent change in such status or condition of a public-use airport or site, the owner or operator shall notify the department, in writing, of such abandonment or change immediately, and shall notify the appropriate Federal Flight Service Station (FSS) of such change.

  (e) When any public-use airport or runway is closed, whether voluntarily or by order of the department, the owner of the airport shall cause it to be marked in accordance with the FAA Advisory Circular 150/5340-1D Appendix 1 and subsequent amendments. (Indiana Department of Transportation; 105 IAC 3-3-15; filed Jan 6, 1983, 1:55 p.m.: 6 IR 315; 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) NOTE: Transferred from Department of Transportation (100 IAC 3-4-15) to Indiana Department of Transportation (105 IAC 3-3-15) by P.L.112-1989, SECTION 5, effective July 1, 1989.