312 IAC 25-4-123 Administrative and judicial review of decisions by the commission on permit applications; judicial review

Sec. 123. (a) Any action of the director or the commission is subject to judicial review by a court of competent jurisdiction. The court shall comply with IC 4-21.5 in all judicial review proceedings. The availability of judicial review under section 122 of this rule and this section does not limit the operation of rights under IC 14-34-15-12. (b) The commencement of a judicial review proceeding under section 122 of this rule and this section does not operate as a stay of the action, order, or decision of the director or the commission. (c) Pending final determinations of the judicial review proceeding, the court may grant temporary relief if: (1) all parties to the proceedings were notified and given an opportunity to be heard on a request for temporary relief; (2) the person requesting the relief shows a substantial likelihood that he or she will prevail on the merits of the final determination of the proceeding; and (3) the temporary relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.