315 IAC 1-3-8 Informal settlement; alternative dispute resolution

Sec. 8. (a) Settlement among and between the parties is encouraged at any time when the settlement is: (1) within the legal authority of the department; and (2) consistent with the prescriptions and objectives of: (A) IC 4-21.5; (B) IC 13; and (C) applicable environmental regulations. (b) In the event the parties reach a settlement resolving all issues in controversy regarding the appeal of a permit, resolving all issues in controversy, the party who initiated administrative review shall submit a written motion requesting that the proceeding be dismissed. The parties need not file the settlement document or agreement with the presiding ELJ. The presiding ELJ shall then enter a final order of dismissal. (c) In the event the parties reach a settlement resolving all issues in controversy regarding the appeal of a commissioner's order as prescribed by IC 13-30-3-5, before the: (1) presiding ELJ issues a final order; and (2) commissioner approves an agreed order based on the settlement as provided by IC 13-30-3-6; the parties shall notify the presiding ELJ who shall then enter a final order of dismissal. (d) For each type of administrative proceeding, the presiding ELJ shall determine whether mediation is an appropriate means of alternative dispute resolution under IC 4-21.5-3.5. (e) In the event the presiding environmental law judge determines mediation is an appropriate means of alternative dispute resolution, the parties to the mediation shall comply with IC 4-21.5-3.5.