312 IAC 25-7-3 Review of adequacy and completeness of inspections

Sec. 3. Any person who is or may be adversely affected by a surface coal mining operation may notify the director, in writing, of any alleged failure on the part of the director to make adequate and complete inspections. The notification shall include sufficient information to create a reasonable belief that adequate and complete inspections are not being made and that the person is or may be adversely affected by such a failure to inspect. The director shall, within fifteen (15) days of receipt of the notification, determine whether adequate and complete inspections have been made. The fifteen (15) day period may be extended because of factors beyond the control of the director. The director shall also furnish the complainant with a written statement of the reasons for the director's determination that adequate and complete inspections have or have not been conducted. If the director determines that an adequate and complete inspection has not been made, he shall order an inspection. Any person who is or may be adversely affected by a decision not to inspect may request, in writing, the director to review informally an authorized representative's decision not to inspect or to take required enforcement action. The request shall include a statement of how the person is or may be adversely affected and why the decision merits review. The director shall conduct the review and inform the person, in writing, of the results of the review within thirty (30) days of the receipt of the request.