NATURAL RESOURCES COMMISSION
Information Bulletin #7 (First Amendment)
SUBJECT: Petitions for Rule Change and for Nonrule Policy Document Change
The Natural Resources Commission in 1994 adopted a nonrule policy document to address petitions for rule change originating outside the Commission and the Department of Natural Resources. The policy was published in the July 1, 1994, issue of the Indiana Register (17 IR 2481) as Information Bulletin #7. In 2006, the policy is amended to include updated citations to reflect recodifications of rules and statutes that have taken place since 1994. Also, the scope of the document was expanded to include a petition to change a nonrule policy document.
The purpose for this information bulletin is to establish a process for the submission and consideration of petitions for rule change within areas subject to the jurisdiction of the Natural Resources Commission. Included is any rule proposal submitted by an individual, a corporation, an association, a local unit of government, another state agency, a federal agency, or another person. The person may seek the adoption of a new rule, an amended rule, a recodified rule, a rule repeal or a similar action with respect to a nonrule policy document.
A person seeking action on a rule shall file a written petition at the following address:
Division of Hearings
Natural Resources Commission
Indiana Government Center-South
402 West Washington Street, Room W272
Indianapolis, IN 46204
The petition shall provide the name and address of the person, or a representative of the person, who is seeking the action and a description of the action sought. The petition may include proposed wording for any new, amended, or recodified rule or a similar action with respect to a nonrule policy document.
Upon the receipt of the petition, the division of hearings shall assign an administrative cause number and deliver copies of the proposal to each deputy director of the Department of Natural Resources. The Division of Hearings shall identify the document as a rule petition or nonrule policy document petition and request that the director cause an investigation be performed into the merits of the proposal. A committee shall be established, with representation from interested divisions, to investigate the merits of the petition. As appropriate, the Historic Preservation Review Board, the Board of Trustees for the Division of State Museums and Historic Sites and the Advisory Council shall be consulted.
After conclusion of any investigation, an informal report shall be presented to the secretary of the commission, together with any recommendations regarding the proposal. The secretary of the commission may give preliminary adoption to a rule proposal, may refer the matter to the commission for consideration, or may elect not to proceed with a proposal. The secretary of the commission shall, within a responsible time, cause notice to be given to the petitioner as to the disposition of the petition. A record of the final disposition shall also be filed with the Division of Hearings.
The process set forth in this information bulletin does not apply to a petition for rule change applicable to
IC 14-34 (surface coal mining) or to
IC 14-37 (oil and gas production). For rule petitions directed to surface coal mining and reclamation, see
IC 14-34-2-7. For rule petitions directed to oil and gas production and reclamation, see
IC 14-37-3-16 and
312 IAC 16-2-3. Neither does this information bulletin restrict the ability of the director of the Department of Natural Resources or the Natural Resources Commission from taking action with respect to any rule or nonrule policy document. See, also,
312 IAC 2-2-4 authorizing the director to approve any rule of the commission for preliminary adoption.
Posted: 10/11/2006 by Legislative Services Agency
DIN: 20061011-IR-312060443NRA
Composed: May 03,2024 4:42:52PM EDT
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