(A) Persons who desire to take exception to any decision, ruling, regulation, or order of the Director of Air Quality Control may appeal to the Air Quality Control Advisory and Appeal Board. The appeal shall be taken within 15 days after receiving notice of decision, ruling, or order complained of by filing with the Director a written notice of appeal directed to the Board specifying the grounds thereof and the relief sought. A fee of an amount as set by the city from time to time shall be posted by the appellant with the Director at the time of the filing of the appeal to cover the costs of the hearing on appeal, which fee shall not be refundable. The Director shall forthwith furnish to the Advisory and Appeal Board all the papers in his or her possession relative to the matter on appeal. Within ten days after the date of filing of the notice of appeal, the Board shall set a date for the hearing and shall give notice thereof by mail to the interested parties. The Board may, in its discretion, grant continuances. An appeal shall act as a stay of the decision, ruling, requirement, rule, regulation, or order in question until the Board has taken final action on the appeal. At the hearing, any party may appear in person or by agent or attorney and present both written and oral evidence pertinent to the questions and issues involved and may examine and cross-examine witnesses. All testimony shall be given under oath. The Board, after the hearing, shall affirm, modify, or reverse the decision, ruling, requirement, rule, regulation, or order of the Director or order him or her to act. The decision of the Board shall be binding on the Director and appellant, unless reversed by a court of competent jurisdiction upon judicial review.
(B) The procedural provisions of the I.C. 4-21.5-5 and all amendments and modifications thereof and the procedural rules adopted pursuant thereto shall apply and govern all proceedings for the judicial review of final administrative decisions under this chapter and are adopted and incorporated herein by reference. References in the act to an agency of the state shall be deemed references to the Air Pollution Advisory and Appeal Board of the city, and references in an act to the Attorney General shall be deemed references to the City Attorney.
(C) The Advisory and Appeal Board, at its expense, shall provide a court reporter to take the testimony and preserve a record of all proceedings before the Board. The notice of appeal, the notice of hearing, all exhibits, documents, pleadings, and written motions filed or admitted as evidence in the proceedings, the transcript of testimony adduced and the findings of fact and decisions shall constitute the complete and exclusive record of the hearing. Any party to a hearing may obtain a typewritten transcript of the record at his or her own expense.
(D) The Advisory and Appeal Board shall not be required to certify and record or file any answer or otherwise appear in any proceeding for judicial review unless the party filing the appeal deposits the sum of an amount as set by the city from time to time per page. which includes costs of certification. Failure on the part of the appellant to make deposits shall be grounds for dismissal of the action. Upon judicial review, the Secretary of the Advisory and Appeal Board shall certify the record.
(Prior Code, § 102.051)