(A) Any person taking exception to and affected by any final decision, ruling, requirement, rule, regulation or order, or who fails to act upon the request of the Chief within a reasonable period of time, may take an appeal to the Air Pollution Control Board as established by this section. The appeal shall be taken within 15 days after receiving notice of the decision, ruling, requirement, rule, regulation, order or failure to act upon filing with the Chief a notice of appeal directed to the Air Pollution Control Board specifying the ground thereof and the relief prayed for. A fee of $25 shall be posted by the appellant at the time of the filing of the appeal to cover the costs of the hearing and shall not be refunded. The Chief shall forthwith furnish to the Air Pollution Control Board all the papers relating to the case.
(1) The Air Pollution Control Board, not less than 10 days after the date of filing the appeal, shall set a date for the hearing and shall give notice thereof by mail to the interested parties. The Air Pollution Control Board may in its discretion grant continuances. This appeal shall act as a stay of the decision, ruling, requirement, rule, regulation or order in question until the Air Pollution Control Board has taken final action on the appeal.
(2) At the hearing any party may appear in person or by agent or attorney and present evidence, both written and oral, pertinent to the questions and issues involved and may examine and cross-examine witnesses. The Air Pollution Control Board, after the hearing, shall affirm, modify or reverse the decision, ruling, requirement, rule, regulation or order of the Health Officer or the Chief, or order him or her to act. The decision of the Air Pollution Control Board shall be binding on the Chief and appellant, unless reversed by a court of competent jurisdiction.
(B) The procedural provisions of I.C. 4-21.5-1-1 et seq. and the rules adopted pursuant thereto, shall apply and govern all proceedings for the judicial review of final administrative decisions under this section, and the provisions of I.C. 4-21.5-1-1 et seq., insofar as applicable, are adopted and incorporated herein by reference. Reference in I.C. 4-21.5-1-1 et seq. to the state shall be deemed reference to the city, and references in I.C. 4-21.5-1-1 et seq. to the Attorney General shall be deemed references to the City Attorney.
(C) A court reporter shall be provided to take the testimony and preserve a record of all proceedings of the Air Pollution Control Board under this section. The notice of appeal, the notice of hearing, all other documents and pleadings, written motions filed in the proceedings, the transcript of testimony and the findings of fact and decisions shall constitute the record of proceedings. The Air Pollution Control Board shall furnish a transcript of the record to any person interested as a party to the hearing upon the payment thereof of $0.75 per page for each carbon copy thereof. However, the charges of any part of the transcript ordered or paid for previous to the writing of the original record shall be $0.50 per page.
(D) The Air Pollution Control Board shall not be required to certify any record, file any answer, or otherwise appear in any proceeding for judicial review unless the party filing the appeal deposits the sum of $0.75 per page, which includes the cost of certification. Failure on the part of the appellant to make these deposits shall be grounds for dismissal of the action. Upon judicial review the Air Pollution Control Board shall certify the record.
(E) All hearings conducted by the Air Pollution Control Board shall be open to the public. Any person may appear and testify at a hearing, either in person or by a duly-authorized representative or attorney. All testimony shall be given under oath.
(F) The Air Pollution Control Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if he or she is absent or fails to vote, indicating this fact, and shall also keep records of its hearings and other official actions. Every order, requirement, decision or determination of the Air Pollution Control Board shall be filed immediately in the office of the Department of Air Pollution Control of the city and shall be a public record.
(Prior Code, § 34.011) (Ord. 3588, passed 9-9-1968)