Section 315IAC1-2-1. Definitions


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  •    In addition to the definitions in IC 4-21.5-1, the definitions in this section apply throughout this title:

    (1) "Administrative law judge" or "ALJ" means a person appointed by the natural resources commission under IC 14-10-2-2 to function as an administrative law judge under IC 4-21.5.

    (2) "Board" means a board established or created under IC 13-17-2, IC 13-18-1, IC 13-19-2 [IC 13-9-2 was repealed by P.L.133-2012, SECTION 131, effective January 1, 2013.], or IC 13-23-11.

    (3) "Commissioner" means the commissioner of the department or the commissioner's designee.

    (4) "Confidential information" means any information that:

    (A) is entitled to treatment as; or

    (B) has been determined to be;

    confidential information under 326 IAC 17.1, 327 IAC 12.1, or 329 IAC 6.1 and includes any information submitted to the office under claim of confidentiality during the pendency of a final determination of the claim.

    (5) "Decision" means an agency action as defined in IC 4-21.5-1-4 of the department or as described in IC 4-21.5-7-3.

    (6) "Department" has the meaning set forth in IC 13-11-2-51.

    (7) "Director" means the director of the office.

    (8) "Division of hearings" means the division established by IC 14-10-2-2.

    (9) "Environmental law judge" or "ELJ" means an individual acting in the capacity of an administrative law judge in a proceeding under IC 4-21.5.

    (10) "Final order" means an order of the ELJ, acting as ultimate authority, disposing of the proceeding prescribed by IC 4-21.5-3-27.

    (11) "Natural resources commission" means the commission established under IC 14-10-1.

    (12) "Office" means the office of environmental adjudication.

    (13) "Presiding environmental law judge" means the ELJ assigned by the director to preside over a particular proceeding.

    (Office of Environmental Adjudication; 315 IAC 1-2-1; filed Jun 2, 1998, 3:47 p.m.: 21 IR 3732; readopted filed Aug 11, 2004, 12:04 p.m.: 28 IR 323; filed Sep 16, 2005, 1:40 p.m.: 29 IR 469; filed Apr 3, 2009, 2:09 p.m.: 20090429-IR-315080689FRA; readopted filed May 18, 2010, 1:45 p.m.: 20100602-IR-315100174RFA; filed Feb 24, 2011, 2:03 p.m.: 20110323-IR-315100482FRA; readopted filed Apr 25, 2016, 2:08 p.m.: 20160518-IR-315160051RFA)