312 IAC 25-4-122.1 Review of director's ownership or control listing or finding

Sec. 122.1. (a) Whenever an ownership or control listing or finding is made by the department under section 114 of this rule, the applicant or a person with an interest that is or may be adversely affected may challenge the listing or finding by submission of a written explanation of the basis for the challenge, along with any evidence or explanatory materials, to the director. (b) The provisions of this section apply only to challenges to ownership or control listings or findings. The applicant or a person with an interest that is or may be adversely affected may not use these provisions to challenge liability or responsibility under any other provision of IC 14-34 and this article. (c) When the challenge concerns a violation under the jurisdiction of a different regulatory authority, the department must consult the regulatory authority with jurisdiction over the violation and the federal Office of Surface Mining Applicant Violator/System Office to obtain additional information. (d) The department may request an investigation by the federal Office of Surface Mining Applicant/Violator System Office. (e) At any time, a person listed in the applicant/violator system as an owner or controller of a surface coal mining operation may request an informal explanation from the federal Office of Surface Mining Applicant/Violator System Office as to the ownership or control capacities shown in the applicant/violator system. Under 30 CFR 773.26, the federal Office of Surface Mining Applicant/Violator System Office will provide a response within fourteen (14) days of the request describing the ownership or control capacities listed in the applicant/violator system.