Section 312IAC25-4-122. Administrative review of approval or denial of application

   (a) Whenever an application for any permit, revision, or renewal is approved or denied under the provisions of this article or IC 14-34, the applicant or any person with an interest that is or may be adversely affected shall be entitled to a hearing before the commission on such approval or denial upon filing within thirty (30) days after receipt of notice of such approval or denial or within thirty (30) days after publication of the summary of the decision in the newspaper pursuant to section 117(e)(2) of this rule a written request for such hearing. Such hearings and appeals therefrom shall be conducted in accordance with IC 4-21.5.

  (b) Appeal from the commission's or director's final determination granting or denying a permit shall be as provided in section 123 of this rule.

  (c) Where a hearing is requested under subsection (a), the commission may, under such conditions as it may prescribe, grant appropriate temporary relief pending final determination of the proceedings if:

(1) all parties to the proceedings are notified and given an opportunity to be heard on a request for temporary relief;

(2) the person requesting temporary relief shows a substantial likelihood that he or she will prevail on the merits of the final determination of the proceeding;

(3) temporary relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources; and

(4) the relief sought is not the issuance of a permit where a permit has been denied, in whole or in part, by the director.

(Natural Resources Commission; 312 IAC 25-4-122; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3492, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA)