Section 312IAC16-2-3. Informal hearings

   (a) A person may file with the commission a written request for an informal hearing to consider a matter that assists in the administration of the division. The request may seek to do any of the following:

(1) Amend a rule in this article.

(2) Modify a commission order.

(3) Review a pending permit application.

(4) Revise the location of known commercially mineable coal resources.

(5) Secure other lawful relief as provided under IC 14-37-3-16.

The written request shall set forth the relief sought and identify in particular or by class the persons who would be affected.

  (b) Where a request for an informal hearing is filed under subsection (a), the division director shall conduct appropriate proceedings and make written proposed findings and a recommended order for disposition of the matter. An informal hearing under this section shall be conducted in a manner that will facilitate public participation and is not governed by the rules of evidence or discovery.

  (c) Notification of an informal hearing shall be made by the division by first class mail, publication, or both, reasonably calculated to inform affected persons of the time, place, and purpose of the hearing. Where an informal hearing is scheduled to consider a Class II well permit or permit application, notification of that hearing shall be provided to the same persons identified under 312 IAC 16-3-2(j) with respect to an application for a Class II well permit.

  (d) An order resulting from an informal hearing under this section is subject to administrative review under IC 4-21.5 and 312 IAC 3-1, except an order with respect to rule adoption, which is subject to review under IC 4-22-2.

  (e) Nothing in this section shall prohibit the commission from holding or authorizing an informal hearing on its own initiative. (Natural Resources Commission; 312 IAC 16-2-3; filed Feb 23, 1998, 11:30 a.m.: 21 IR 2331; readopted filed Nov 17, 2004, 11:00 a.m.: 28 IR 1315; readopted filed Mar 25, 2010, 2:57 p.m.: 20100421-IR-312100033RFA; readopted filed Sep 30, 2015, 12:13 p.m.: 20151028-IR-312150224RFA)