Indiana Administrative Code
Title 312 - NATURAL RESOURCES COMMISSION
Article 25 - COAL MINING AND RECLAMATION OPERATIONS
Rule 1 - Definitions
Section 1-94 - "Owned or controlled" and "owns or controls" defined
Universal Citation: 312 IN Admin Code 1-94
Current through March 20, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 94.
(a) "Owned or controlled" and "owns or controls" means any one (1) or a combination of the relationships specified in the following and subsection (b):
(1) A permittee of a surface coal mining
operation.
(2) Based on instruments
of ownership or voting securities, owning of record in excess of fifty percent
(50%) of a person.
(3) Any other
relationship that gives one (1) person authority, directly or indirectly, to
determine the manner in which an applicant, an operator, or other person
conducts surface coal mining operations.
(b) The following relationships are presumed to constitute ownership or control unless a person can demonstrate that the person subject to the presumption does not, in fact, have the authority, directly or indirectly, to determine the manner in which the surface coal mining operation is conducted:
(1) An officer
or director of the person.
(2) The
operator of a surface coal mining operation.
(3) An ability to commit the financial or
real property assets or working resources of a person.
(4) A general partner in a
partnership.
(5) Based on the
instruments of ownership or the voting securities of a corporation, ownership
of record of ten percent (10%) through fifty percent (50%) of the
corporation.
(6) Ownership or
control of coal to be mined by another person under a lease, sublease, or other
contract where there is a right to receive the coal after mining or
authorization to determine the manner in which that person or another person
conducts a surface coal mining operation.
Disclaimer: These regulations may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.