Indianapolis-Marion County Revised Code § 511-801 Appeals of administrative actions.
Sec. 511-801. - Appeals of administrative actions.
(a) Right of appeal. Any person affected by an action of the administrator defined by paragraph (b) of this section as an action which must be appealed to the board, may appeal directly to the board for relief from the action, or intervene in such appeal brought by another affected person. An appeal directly to the board is a prerequisite to judicial review for all actions defined by paragraph (b) as actions which must be appealed directly to the board.
(b) Actions which must be appealed to the board. Any action of the administrator, except actions described in paragraphs (c) and (d) below, if appealed, must be appealed directly to the board. For a notice of violation (issued pursuant to section 511-601 of this chapter) which is referred to the corporation counsel for civil enforcement (pursuant to section 511-603 of this chapter) or to administrative adjudication (pursuant to section 511-604 of this chapter), a person may appeal to the board only for an interpretation of the regulation, permit or order allegedly violated.
(c) Actions for which judicial review may be sought directly. Judicial review by a court of competent jurisdiction may be sought directly from the following actions of the administrator:
(1) An emergency order issued pursuant to section 511-608 of this chapter.
(2) Pursuant to IC 13-15-6-4 and 13-15-6-5, for permits required by Title V of the Clean Air Act of 1990, failure of the administrator to act on an initial or renewal application, or modification or revision, within the time periods specified in that act is an action considered to be a final permit action and may be appealed directly to a court of competent jurisdiction, solely for the purpose of obtaining judicial review to require that action be taken on the application without further delay.
(d) Actions which must be appealed to the state Office of Environmental Adjudication. Appeal from the following actions must be sought pursuant to IC 4-21.5-3 and IC 13-15-6-1 by filing a petition for administrative review with the state Office of Environmental Adjudication. However, if the appeal involves a permit term characterized in the permit as "local enforceable only," a person may appeal to the board seeking from the board a decision concerning the "local enforceable only" term.
(1) Issuance or denial, modification or renewal of a Title V operating permit.
(2) Issuance or denial, modification or renewal of a Federally Enforceable State Operating Permit (FESOP).
(e) Participation by office. The office may participate as an interested party in permit appeals brought before the state Office of Environmental Adjudication pursuant to subsection (d).
(f) Procedures for making an appeal to the board.
(1) Within fifteen (15) days of the effective date of the administrator's action, the appellant shall submit to the administrator a written request to appeal to the board. The request shall be addressed to the board and shall state the basis for the appeal and the relief desired.
(2) At the time of filing, the appellant shall post a fee of twenty-five dollars ($25.00) to cover the administrative cost of the hearing. The fee shall be refunded only if the appeal is sustained. The board may waive the fee upon a showing of economic hardship.
(3) Submitting a request to appeal stays the administrator's action until the board renders a final decision on the appeal.
(g) Hearing.
(1) No later than fifteen (15) days after the request to appeal is filed, the administrator shall schedule a hearing before the board. The hearing shall be not later than sixty (60) days after the request to appeal is filed, unless the board grants a continuance. The administrator shall notify the appellant of the hearing date in writing.
(2) At the hearing the parties to the appeal may present evidence and cross-examine witnesses. The board may establish time limits and procedures for presenting evidence, cross-examination and argument. The appellant has the burden of proving that the administrator's action should be modified or reversed. Upon hearing the evidence presented, and no later than sixty (60) days after the hearing is concluded, the board shall affirm, modify or reverse the administrator's action. The board may order either party to act in accordance with its decision.
(h) Effect of the board's decision. The decision of the board shall be binding on the parties unless reversed or otherwise modified by a court of competent jurisdiction.
(Code 1975, § 4-80; G.O. 150, 1999, § 8; G.O. 15, 2001, § 49)