Indiana Administrative Code
Title 355 - STATE CHEMIST OF THE STATE OF INDIANA
Article 2 - COMMERCIAL FERTILIZERS
Rule 1 - General Provisions
Section 1-8 - Request for hearing by political subdivision for waiver for fertilizer material use
Current through March 20, 2024
Authority: IC 15-16-2-44
Affected: IC 15-16-2-50
Sec. 8.
(a) For a hearing requested under IC 15-16-2-50, the petitioner must present evidence that supports the request for a waiver to adopt an ordinance. All evidence shall be received fourteen (14) days prior to the hearing date. The applicant has the burden of showing the need for the requested waiver. The evidence must include, but is not limited to, the following:
(b) In reaching a decision to approve or deny the waiver, the state chemist shall consider the following:
(c) The state chemist shall not consider the following factors in making a decision on whether to approve or deny the waiver:
(d) In reaching a decision on whether to approve or deny the waiver, the state chemist may consult, in addition to the material received from the petitioner, the following:
The state chemist shall prepare a written decision, with stated reasons, either allowing or denying the waiver within ninety (90) days after review.