Indiana Administrative Code
Title 312 - NATURAL RESOURCES COMMISSION
Article 25 - COAL MINING AND RECLAMATION OPERATIONS
Rule 4 - Permitting Procedures
Section 4-125 - Administrative and judicial review of decisions by the director on permit applications; judicial review; improvidently issued permits; rescission procedures
Current through March 20, 2024
Authority: IC 14-34-2-1
Affected: IC 4-21.5-3; IC 14-34
Sec. 125.
(a) Where the director, under section 124(c)(4) of this rule, elects to rescind an improvidently issued permit, the director shall serve on the permittee a notice of proposed suspension and rescission that includes the reasons for the finding of the director under section 124(b) of this rule and states that, after a specified period of time not to exceed ninety (90) days, the permit automatically will become suspended, and not to exceed ninety (90) days thereafter rescinded, unless within those periods the permittee submits proof, and the director finds one (1) of the following:
(b) After permit suspension or rescission, the permittee shall cease all surface coal mining and reclamation operations under the permit, except for violation abatement and for reclamation and other environmental protection measures as required by the director.
(c) The permittee may file an appeal for administrative review of the notice under IC 4-21.5-3.