Who may file an appeal?
If you disagree with an IDEM decision, such as a permit action or plan approval or denial, you may request that the decision be reviewed by an independent administrative law judge. Only persons who are "aggrieved or adversely affected" by the IDEM decision may request review through the Office of Administrative Law Proceedings (OALP).
A citizen does not need an attorney to appeal an IDEM decision, but filing at OALP initiates a legal proceeding, and IDEM attorneys from the Office of Legal Counsel will be representing IDEM’s interests. It is recommended that anyone filing a Petition for Administrative Review is represented by legal counsel.
Specific instructions for filing a Petition for Administrative Review are in Indiana Code 4-21.5-3-7. IDEM and OALP are separate agencies, but both are located in the same building.
What is required of persons filing an appeal?
A Petition for Administrative Review must be filed with OALP within fifteen (15) days of the issuance of the notice of a permit decision (eighteen (18) days if you received this notice by U.S. Mail), and a copy must be served upon IDEM.
Addresses are:
Director
Office of Administrative Law Proceedings
Indiana Government Center North
100 North Senate Avenue - Room N802
Indianapolis, Indiana 46204
Commissioner
Indiana Department of Environmental Management
Indiana Government Center North
100 North Senate Avenue - Room 1301
Indianapolis, Indiana 46204
The Petition must contain the following information:
- The name, address, and telephone number of each petitioner.
- A description of each petitioner’s interest in the Permit.
- A statement of facts demonstrating that each petitioner is:
- a person to whom the order is directed.
- aggrieved or adversely affected by the Permit.
- entitled to administrative review under any law.
- The reasons for the request for administrative review.
- The particular legal issues proposed for review.
- The alleged environmental concerns or technical deficiencies of the Permit.
- The Permit terms and conditions that the petitioner believes would be appropriate and would comply with the law.
- The identity of any persons represented by the petitioner.
- The identity of the person against whom administrative review is sought.
- A copy of the Permit that is the basis of the petition.
- A statement identifying petitioner’s attorney or other representative, if any.
Failure to meet the requirements of the law with respect to a Petition for Administrative Review may result in a waiver of your right to seek administrative review of the Permit. Examples are:
- Failure to file a Petition by the applicable deadline;
- Failure to serve a copy of the Petition upon IDEM when it is filed; or
- Failure to include the information required by law.
What is required if you want a stay on a Permit or other final agency decision?
If you seek to have a Permit stayed during the Administrative Review, you may need to file a Petition for a Stay of Effectiveness. The specific requirements for such a Petition can be found in 315 IAC 1-3-2 and 315 IAC 1-3-2.1.
What can you expect from the Office of Administrative Law Proceedings (OALP) after you file for an appeal?
Pursuant to IC 4-21.5-3-17, OALP will provide all parties with Notice of any pre-hearing conferences, preliminary hearings, hearings, stays, or orders disposing of the review of this action. If you are entitled to Notice under IC 4-21.5-3-5(b) and would like to obtain notices of any pre-hearing conferences, preliminary hearings, hearings, stays, or orders disposing of the review of this action without intervening in the proceeding you must submit a written request to OALP at the address above. More information on the appeal review process is available on the website for the Office of Administrative Law Proceedings at http://www.in.gov/oalp.