Indiana Administrative Code
Title 312 - NATURAL RESOURCES COMMISSION
Article 25 - COAL MINING AND RECLAMATION OPERATIONS
Rule 4 - Permitting Procedures
Section 4-122.2 - Burden of proof for ownership or control challenges
Current through March 20, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 122.2.
(a) Upon challenge of a listing of ownership or control or a finding of ownership or control made under section 114 of this rule, the applicant or a person with an interest that is or may be adversely affected must prove by a preponderance of the evidence that the challenger either:
(b) In meeting the burden of proof, a challenger must present reliable, credible, and substantial evidence and any explanatory materials to the director. The materials presented in connection with the challenge will become part of the permit file, an investigation file, or another public file. If requested, the director will hold as confidential any information submitted under this section that is not required to be made available to the public under sections 15 and 113 of this rule.
(c) Materials that may be submitted in response to the requirements of subsection (b) include, but are not limited to, the following: