Section 315IAC1-3-8. Informal settlement; alternative dispute resolution

   (a) Settlement among and between the parties is encouraged at any time when the settlement is:

(1) within the legal authority of the department; and

(2) consistent with the prescriptions and objectives of:

(A) IC 4-21.5;

(B) IC 13; and

(C) applicable environmental regulations.

  (b) In the event the parties reach a settlement resolving all issues in controversy regarding the appeal of a permit, resolving all issues in controversy, the party who initiated administrative review shall submit a written motion requesting that the proceeding be dismissed. The parties need not file the settlement document or agreement with the presiding ELJ. The presiding ELJ shall then enter a final order of dismissal.

  (c) In the event the parties reach a settlement resolving all issues in controversy regarding the appeal of a commissioner's order as prescribed by IC 13-30-3-5, before the:

(1) presiding ELJ issues a final order; and

(2) commissioner approves an agreed order based on the settlement as provided by IC 13-30-3-6;

the parties shall notify the presiding ELJ who shall then enter a final order of dismissal.

  (d) For each type of administrative proceeding, the presiding ELJ shall determine whether mediation is an appropriate means of alternative dispute resolution under IC 4-21.5-3.5.

  (e) In the event the presiding environmental law judge determines mediation is an appropriate means of alternative dispute resolution, the parties to the mediation shall comply with IC 4-21.5-3.5. (Office of Environmental Adjudication; 315 IAC 1-3-8; filed Jun 2, 1998, 3:47 p.m.: 21 IR 3736; readopted filed Aug 11, 2004, 12:04 p.m.: 28 IR 323; filed Sep 16, 2005, 1:40 p.m.: 29 IR 474; readopted filed May 18, 2010, 1:45 p.m.: 20100602-IR-315100174RFA; readopted filed Apr 25, 2016, 2:08 p.m.: 20160518-IR-315160051RFA)