SECTION 460:20-11-6. Decision

(a)   In reaching its decision, the Department shall use:

(1)   The information contained in the data base and inventory system;

(2)   Information provided by other governmental agencies;

(3)   The detailed statement when it is prepared under Section 460:20-11-5(e); and

(4)   Any other relevant information submitted during the comment period.

(b)   A final written decision shall be issued by the Department including a statement of reasons, within 60 days of completion of the public hearing, or, if no public hearing is held, then within 12 months after receipt of the complete petition. The Department shall simultaneously send the decision by certified mail to the petitioner and intervenors and by regular mail to all other persons involved in the proceeding.

(c)   The decision of the Department with respect to a petition, or the failure of the Department to act within the time limits set forth in this Section, shall be subject to judicial review by a court of competent jurisdiction in accordance with the Section 787 of the Act and Section 460:20-19-3 of this Chapter. All relevant portions of the data base, inventory system, and public comments received during the public comment period set by the Department shall be considered and included in the record of the administrative proceeding.