Section 312IAC20-4-13. Consideration by review board of applications for a certificate of approval

   (a) If the division director determines that a certificate is required for a proposed activity, the director shall notify the applicant and other interested persons that the application would be placed on the agenda of the review board for action. An application must be complete at least forty (40) days before a scheduled meeting of the review board in order to qualify for placement on the agenda of the meeting. The division director shall send notice to the applicant and other interested persons at least ten (10) days before the meeting.

  (b) The division shall prepare a staff comment on the project and its adverse impact on eligible or listed historic sites or historic structures. The comment may provide a recommendation on ways to remove or reduce the adverse impact to an acceptable level or to mitigate the adverse impact if removal or substantial reduction is not feasible. If removal or reduction of the adverse impact to an acceptable level or mitigation of the impact does not appear feasible, the division may recommend denial of the application.

  (c) The review board shall provide a reasonable opportunity for the applicant and other interested persons to provide oral or written comments at the meeting with respect to an application. The review board may:

(1) act upon an application during the initial meeting when the application is considered; or

(2) defer action until a subsequent meeting.

  (d) The review board shall consider the application of the agency, the staff comment, and comments made by the public at the review board meeting in deciding whether to issue a certificate.

  (e) The review board may grant, condition, or deny an application for a certificate. (Natural Resources Commission; 312 IAC 20-4-13; filed Dec 10, 2010, 10:40 a.m.: 20110105-IR-312100042FRA; readopted filed Sep 19, 2013, 10:16 a.m.: 20131016-IR-312130184RFA)