5 may move to have the:(1) administrative law judge appointed under IC 4-15-10.5; or(2) administrative law judge appointed under section 2 of this chapter;consolidate multiple proceedings that are subject to the jurisdiction of both the office of administrative law proceedings and the division of hearings.(b) An administrative law judge shall grant the motion made under subsection (a) if the following findings are made:(1) The proceedings include the following:(A) Common questions of law or fact.(B) At least one (1) person, other than the department or the department of environmental management, who is a party to all the proceedings.(C) Issues of water quality, water quantity, or both.(2) Consolidation may support administrative efficiency.(c) If a motion to consolidate proceedings has been granted under subsection (b), the hearing must be conducted by a panel that consists of at least two (2) administrative law judges. The panel is the ultimate authority for matters authorized under IC 4-21.5-7-5 and this title. ), the hearing must be conducted by a panel that consists of at least two (2) administrative law judges. The panel is the ultimate authority for matters authorized under IC 4-21.5-7-5 and this title. Any party, including the department and the department of environmental management, may petition an appropriate court for judicial review of a final determination of the panel.(d) The office of administrative law proceedings and the division of hearings shall adopt joint rules to implement this section.As added by P.L.84-2008, SEC.3. Amended by P.L.128-2024, SEC.34.
Indiana Legal Code