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A party may appeal a regulatory action taken by the Department under the provisions of the Administrative Orders and Procedures Act, IC 4-21.5, and the Department's rules pertaining to adjudicative proceedings, 312 IAC 3 (wordperfect document).
In order to initiate an appeal, a written petition must be filed with the Division of Hearings within 18 days of the action's mailing date. The petition should be addressed to:
Division of Hearings
402 West Washington Street
Indianapolis, Indiana 46204
The petition must contain specific reasons for the appeal and must state the portion or portions of the action to which the appeal applies.
If an appeal is filed, the final agency determination will be made by the Natural Resources Commission following a legal proceeding conducted before an Administrative Law Judge. The Department will be represented by legal counsel.