(b) The commissioner may issue orders and make determinations.(c) An order issued under this section may address multiple sites for the purpose of arranging for site investigations and the establishment of priority of sites.(d) Notice of a determination made or an order issued by the commissioner must be given under IC 4-21.5-3-1, unless a person provides a written request to the department for a different method of notice that is reasonably available to the department.(e) The department:(1) shall make a good faith effort to provide notice of an order or a determination according to subsection (d); and(2) bears the burden of persuasion that the notice has been provided.(f) Failure to receive notice does not invalidate an order or a determination, unless the person required to receive notice of an order or a determination is substantially prejudiced by the lack of notice. The burden of persuasion as to substantial prejudice is on the person claiming the lack of notice.[Pre-1996 Recodification Citation: a determination is substantially prejudiced by the lack of notice. The burden of persuasion as to substantial prejudice is on the person claiming the lack of notice.[Pre-1996 Recodification Citation: 13-7-5-2.]As added by P.L.1-1996, SEC.4. Amended by P.L.263-2013, SEC.1.
Indiana Legal Code