312 IAC 2-3-1 Applicability of rule; late or incomplete license application; time for giving notice

Sec. 1. (a) This rule governs the conduct of a public hearing held on the question of the issuance, conditioning, or denial of an original or renewal license under IC 14-11-4-8. (b) This rule also governs the conduct of a public hearing held under IC 14-21-1-17. However, sections 3 through 5 of this rule do not apply to a public hearing under this subsection. (c) A person who conducts a public hearing before any agency action is taken by the director, a board, or a delegate of the director or a board may apply this rule even if IC 14-11-4-8 is inapplicable. The hearing officer who applies this subsection shall announce at the beginning of the public hearing that this rule applies. A board may appoint a person, a panel of persons, or the entirety of the board to serve as the hearing officer. If this subsection is implemented, section 3 of this rule does not apply. (d) This rule does not apply to a hearing that is governed by 312 IAC 2-1 or 312 IAC 3-1. (e) The director or the delegate of the director may deny a license application that is not completed in a reasonable period of time. If an agency action to deny a license application is made because the application is incomplete, the application does not qualify for a public hearing under this rule, but that agency action is subject to administrative review under IC 4-21.5 and 312 IAC 3-1. (f) The time period for giving notice begins upon mailing if a notice required by this rule or IC 14-11-4 is made by the United States mail. Three (3) days are added to the period required for a notice that is made by the United States mail.