Indiana Administrative Code
Title 315 - OFFICE OF ENVIRONMENTAL ADJUDICATION
Article 1 - ADJUDICATORY PROCEEDINGS BEFORE ENVIRONMENTAL LAW JUDGES
Rule 3 - Rules of Practice
Section 3-2 - Initiation of a proceeding for administrative review
Current through March 20, 2024
Authority: IC 4-21.5-7-7
Affected: IC 4-21.5-3-7; IC 4-21.5-3-15; IC 4-21.5-4; IC 13-15-6-1
Sec. 2.
(a) A proceeding before the office is initiated when a petition for administrative review, which may include a request for a stay, in writing, is filed with the Office of Environmental Adjudication.
(b) The petition for administrative review shall contain the following information:
(c) The petition for administrative review shall also contain the following information:
(d) The presiding ELJ may, upon his or her own motion, provide a petitioner with notice that a petition for review is incomplete and order a petitioner to supplement the petition for review to comply with the requirements of this section.
(e) A petition for administrative review, filed under IC 4-21.5-3-7(a), may be amended as a matter of course at any time within thirty (30) days after the earlier of the following dates:
Otherwise, a party may amend his or her petition only by leave of the presiding ELJ or by written consent of all parties.
(f) If the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading.
(g) Copies of the petition for administrative review shall be sent to the following: