Current through March 20, 2024
Authority: IC 14-34-2-1
Affected: IC 4-21.5-3; IC 14-34;
30 CFR
773.13(c)
Sec. 112.
(a) Any
person having an interest that is or may be adversely affected by the decision
on the application or an officer or a head of a federal, state, or local
government agency or authority may request, in writing, that the director hold
an informal conference on the application for a permit, significant revision to
the permit, or renewal of a permit. The request shall:
(1) briefly summarize the issues to be raised
by the requestor at the conference;
(2) state whether the requestor desires to
have the conference conducted in the locality of the proposed mining
operations; and
(3) be filed with
the director no later than thirty (30) days after the last publication of the
newspaper advertisement required under section 109(a) of this rule.
(b) Except as provided in
subsection (c), if an informal conference is requested in accordance with
subsection (a), the director shall hold an informal conference within a
reasonable time following the receipt of the request. The informal conference
shall be conducted as follows:
(1) If
requested under subsection (a)(2), it shall be held in the locality of the
proposed surface coal mining and reclamation operation.
(2) The date, time, and location of the
informal conference shall be sent to the applicant and other parties to the
conference and advertised by the director in a newspaper of general circulation
in the locality of the proposed surface coal mining and reclamation operation
at least two (2) weeks before the scheduled conference.
(3) If requested, in writing, by a conference
requestor at a reasonable time before the conference, the director may arrange
with the applicant to grant parties to the conference access to the proposed
permit area, and, to the extent that the applicant has the right to grant
access to it, to the adjacent area prior to the established date of the
conference for the purpose of gathering information relevant to the
conference.
(4) The requirements of
IC 4-21.5-3 shall not apply to the conduct of the informal conference. The
conference shall be conducted by a representative of the director, who may
accept oral or written statements and any other relevant information from any
party to the conference. An electronic or stenographic record shall be made of
the conference unless waived by all the parties. The record shall be maintained
and shall be accessible to the parties of the conference until final release of
the applicant's performance bond or other equivalent guarantee under 312 IAC
25-5.
(c) If all parties
requesting the informal conference withdraw their request before the conference
is held, the informal conference may be canceled.
(d) Informal conferences held in accordance
with this section may be used by the director as the public hearing required
under
312 IAC 25-3-2(e)
on proposed relocation or closing of public
roads.
