CHAPTER 11. OFFENSES AND PENALTIES

IC 14-24-11
     Chapter 11. Offenses and Penalties

IC 14-24-11-1
Prohibitions
    
Sec. 1. A person who does any of the following violates this article:
        (1) Sells, barters, or gives away a plant that contains a pest or pathogen that is likely to cause harm.
        (2) Exposes an element of beekeeping to the danger of other bees or elements of beekeeping infected with disease.
        (3) Conceals the presence of a pest or pathogen.
        (4) Refuses to allow the department to inspect a site that the department is authorized to inspect under this article.
        (5) Hinders or impedes the department in performing the department's duties under this article.
        (6) Violates any of the following:
            (A) This article.
            (B) A rule adopted under this article.
            (C) A notice or an order issued under this article or under IC 14-7 (before its repeal).
As added by P.L.1-1995, SEC.17.

IC 14-24-11-2
Revocation of permit, certification, or other authorization
    
Sec. 2. The commission may revoke a permit, certification, or other authorization issued under this article if the commission finds at least one (1) of the following:
        (1) The permit, certification, or other authorization was issued as a result of fraud or misrepresentation by the recipient.
        (2) The person who holds the permit, certification, or other authorization has violated any of the following:
            (A) This article.
            (B) A rule adopted under this article.
As added by P.L.1-1995, SEC.17.

IC 14-24-11-3
Civil action to restrain violations
    
Sec. 3. The commission may bring a civil action in the name of the state through the attorney general, in a circuit or superior court having jurisdiction in a county in which the property involved is located or in which a person resides, to restrain the person from commencing or continuing to violate any of the following:
        (1) This article.
        (2) A rule adopted under this article.
        (3) An order entered under this article or under IC 14-7 (before its repeal).
As added by P.L.1-1995, SEC.17.

IC 14-24-11-4 Violations
    
Sec. 4. (a) Except as provided in subsections (b) and (c), a person that knowingly violates this article commits a Class C infraction.
    (b) A person, other than the state or a political subdivision of the state, that recklessly disturbs or molests an apiary, a honeybee hive, a honeybee colony, or other honeybee habitat, natural or manmade, without the permission of the owner commits a Class B misdemeanor.
    (c) A person who recklessly or knowingly introduces a pest or pathogen into Indiana without a permit issued under:
        (1) IC 14-7-9-2 (before its repeal); or
        (2) IC 14-24-9-2;
commits a Class A infraction.
    (d) Each day a violation occurs under this section is a separate offense.
As added by P.L.1-1995, SEC.17.

IC 14-24-11-5
Assessment of expenses
    
Sec. 5. If an order is issued:
        (1) under this article or under IC 14-7 (before its repeal); or
        (2) as a result of an administrative proceeding under this article or IC 14-7 (before its repeal);
the court or the director may assess against a party to the proceeding the costs and expenses, including attorney's fees, incurred by the person with respect to the proceedings, including a judicial review of a final agency action. The award of attorney's fees shall be based on a schedule of attorney's fees established by rules of the commission.
As added by P.L.1-1995, SEC.17.