312 IAC 29-3-4 - Informal hearings

Authority: IC 14-10-2-4; IC 14-37-3

Affected: IC 4-21.5; IC 4-22-2; IC 14-37

Sec. 4.

(a) Upon the request of an affected person, the division shall conduct an informal hearing to consider any matter that assists with the administration of IC 14-37 or this article, including the following:

(1) A request to amend or repeal a rule in this article.

(2) A request relating to the issuance, reissuance, modification, or revocation of a permit for oil and gas purposes.

(3) A request for an exception to a drilling unit or spacing requirement.

(4) A request relating to review of a pending petition for an aquifer exemption under 312 IAC 29-16.

(5) A request for an integration of interests in drilling units under IC 14-37-9if the owners of separate interests have not agreed to integration.

(6) The issuance of a notice of violation.

(b) Nothing in this section shall prohibit the division from holding or authorizing an informal hearing on its own initiative to consider any matter to assist with the administration of IC 14-37 and this article.

(c) An informal hearing under this article shall be conducted by the division director or an authorized representative of the division director in a manner that will facilitate public participation and the gathering of information relevant to the matter under consideration. An informal hearing is not governed by the rules of evidence or discovery.

(d) The division shall provide notification by first class mail, publication, or both, reasonably calculated to inform affected persons of the time, place, and purpose of the hearing. Notification of an informal hearing to consider a Class II well permit or permit application shall be provided to the same persons identified under 312 IAC 29-5-2.

(e) Within thirty (30) days following the conclusion of an informal hearing, the division director or the authorized representative of the division director shall make written findings and issue an order for disposition of the matter.

(f) A copy of an order resulting from an informal hearing shall:

(1) include instructions for seeking administrative review under IC 4-21.5;

(2) be sent by first class mail to each person:

(A) notified in accordance with subsection (d);

(B) who participated in the informal hearing; and

(C) reasonably known to be affected by the order; and

(3) be published on the division website.

(g) An order resulting from an informal hearing under this article is subject to administrative review under IC 4-21.5and 312 IAC 3-1, except an order with respect to rule adoption, which is subject to review under IC 4-22-2.

Notes

312 IAC 29-3-4

Natural Resources Commission; 312 IAC 29-3-4; filed 12/1/2017, 10:35 a.m.: 20171227-IR-312160230FRA Readopted filed 1/17/2023, 1:53 p.m.: 20230215-IR-312220328RFA