CHAPTER 7. ADMINISTRATIVE ADJUDICATION; SPECIAL JUDICIAL PROCEEDINGS
IC 22-12-7
Chapter 7. Administrative Adjudication; Special Judicial
Proceedings
IC 22-12-7-1
Application of chapter
Sec. 1. This chapter applies to the commission, the education
board, the rules board, and every officer, employee, and agent of an
office or division within the department whenever the person has
authority to administer or enforce a law.
As added by P.L.245-1987, SEC.1.
IC 22-12-7-2
Application of IC 4-21.5
Sec. 2. IC 4-21.5 applies to persons described in section 1 of this
chapter.
As added by P.L.245-1987, SEC.1.
IC 22-12-7-3
Orders under IC 4-21.5-3-4; issuance
Sec. 3. Notwithstanding IC 4-21.5-3-5, the appropriate person
under section 1 of this chapter shall issue the following orders under
IC 4-21.5-3-4:
(1) The grant, renewal, restoration, transfer, or denial of a
permit, registration, certification, release, variance, exemption,
authorization, or other license.
(2) The determination of tax due or other liability.
(3) Any other order that must be issued under IC 4-21.5 and is
not described in section 4 of this chapter.
As added by P.L.245-1987, SEC.1.
IC 22-12-7-4
Orders under IC 4-21.5-3-6; issuance
Sec. 4. The appropriate person under section 1 of this chapter
shall issue the following orders under IC 4-21.5-3-6:
(1) An order requiring a person to cease and correct any
violation of law.
(2) An order that imposes a sanction described in section 7(4)
or 7(5) of this chapter or that imposes a requirement under
IC 35-47.5-4-2.
(3) Any other enforcement order.
As added by P.L.245-1987, SEC.1. Amended by P.L.141-2003,
SEC.7.
IC 22-12-7-5
Orders under IC 4-21.5-3-6; time to correct violation
Sec. 5. An order issued under IC 4-21.5-3-6 must grant a
reasonable time in which to cease and correct a violation of law
covered by the order.
As added by P.L.245-1987, SEC.1.
IC 22-12-7-6
Emergency or temporary orders
Sec. 6. (a) An emergency or other temporary order may be issued
under IC 4-21.5-4 whenever the appropriate person under section 1
of this chapter determines that conduct or a condition of property:
(1) presents a clear and immediate hazard of death or serious
bodily injury to any person other than a trespasser;
(2) is prohibited without a permit, registration, certification,
release, authorization, variance, exemption, or other license
required under IC 22-14 or IC 22-15 or another statute
administered by a person described in section 1 of this chapter
and the license has not been issued; or
(3) will conceal a violation of law.
(b) An emergency or other temporary order issued by an employee
or agent of the division of fire and building safety must be approved
by the state fire marshal or by the executive director of the
department.
(c) An approval under subsection (b) may be orally communicated
to the employee or agent issuing the order. However, the department
shall maintain a written record of the approval.
As added by P.L.245-1987, SEC.1. Amended by P.L.1-2006,
SEC.357.
IC 22-12-7-7
Orders under IC 4-21.5-3-6 or IC 4-21.5-4; corrective actions;
sanctions
Sec. 7. An order under IC 4-21.5-3-6 or IC 4-21.5-4 may include
the following, singly or in combination:
(1) Require a person who has taken a substantial step toward
violating a law or has violated a law to cease and correct the
violation.
(2) Require a person who has control over property that is
affected by a violation to take reasonable steps to:
(A) protect persons and property from the hazards of the
violation; and
(B) correct the violation.
(3) Require persons to leave an area that is affected by a
violation and prohibit persons from entering the area until the
violation is corrected.
(4) Impose any of the following sanctions with respect to a
permit, registration, certification, release, authorization,
variance, exemption, or other license issued by a person
described in section 1 of this chapter:
(A) Permanently revoke the license.
(B) Suspend the license.
(C) Censure the person to whom the license is issued.
(D) Issue a letter of reprimand to a person to whom the
license is issued.
(E) Place a person to whom the license is issued on
probation.
An order to permanently revoke or suspend a license under this
subdivision may include the revocation or suspension of a
license issued under IC 35-47.5-4-4.5 for the commission of an
offense under IC 35-47.5-5 or 18 U.S.C. 842 by the licensee.
(5) Impose on a person who has violated a law that may be
enforced by the department a civil penalty not to exceed two
hundred fifty dollars ($250) for each day the violation occurs.
As added by P.L.245-1987, SEC.1. Amended by P.L.141-2003,
SEC.8; P.L.35-2004, SEC.1.
IC 22-12-7-8
Probation orders
Sec. 8. (a) If a licensee is placed on probation under section 7 of
this chapter, the person issuing the order may require that licensee to:
(1) report regularly to the department or another person upon
the matters that are the basis of probation;
(2) limit use of property or other conduct to those areas
prescribed by the person issuing the order; or
(3) if the disciplined licensee is an inspector or an inspection
agency, continue or renew professional education under the
department or another person approved by the person issuing
the order until the person issuing the order finds that a
satisfactory degree of skill has been attained in those areas that
are the basis of the probation.
(b) The person issuing the order may cancel a probation order if
it finds that the deficiency that required disciplinary action has been
remedied by the licensee.
As added by P.L.245-1987, SEC.1.
IC 22-12-7-9
Reinstatement of suspended licenses
Sec. 9. (a) The person issuing the order may reinstate a license
that has been suspended under section 7 of this chapter if the person
issuing the order is satisfied that the applicant for reinstatement is
able to practice or operate with reasonable skill and safety.
(b) As a condition of reinstatement the person issuing the order
may impose disciplinary or corrective measures authorized under this
article.
As added by P.L.245-1987, SEC.1.
IC 22-12-7-10
Consistency in imposing sanctions; reasons for departure from
prior decisions
Sec. 10. (a) A person described in section 1 of this chapter shall
try to be consistent in imposing sanctions authorized under section
7(4) of this chapter.
(b) If circumstances require a significant departure from prior
decisions involving similar conduct, the person shall explain the
reasons for the departure in its findings or orders.
As added by P.L.245-1987, SEC.1.
IC 22-12-7-11
Appeal of orders issued by rules board
Sec. 11. (a) An order issued by the rules board may be appealed
to the commission under IC 4-21.5-3-7.
(b) If an order is appealed, the commission or its designee shall
conduct all administrative proceedings under IC 4-21.5. In its
proceedings, the commission may modify the order or reverse the
order.
As added by P.L.245-1987, SEC.1.
IC 22-12-7-12
Appeal of orders issued by office or division of department;
informal discussions
Sec. 12. (a) This section applies to an order issued by an officer,
employee, or agent of an office or division within the department.
(b) The office or division issuing an order shall give a person
who:
(1) is aggrieved by the order; and
(2) requests review of the order in verbal or written form;
an opportunity to informally discuss the order with the office or
division. Review under this subsection does not suspend the running
of the time period in which a person must petition under
IC 4-21.5-3-7 to appeal the order.
(c) The office or division issuing the order may, on its own
initiative or at the request of any person, modify its order or reverse
the order.
(d) An order issued by an office or a division may be appealed to
the commission under IC 4-21.5-3-7. A decision to deny a request to
modify or reverse an order under subsection (c) is not appealable.
(e) If an order is appealed, the commission or its designee shall
conduct all administrative proceedings under IC 4-21.5. In its
proceedings, the commission may modify the order to impose any
requirement authorized under this article or reverse the order.
As added by P.L.245-1987, SEC.1.
IC 22-12-7-13
Applications for court orders
Sec. 13. In lieu of issuing an administrative order, the appropriate
person under section 1 of this chapter may apply for an order from
a circuit or superior court in the county in which a person takes a
substantial step toward violating a law or a violation occurs.
As added by P.L.245-1987, SEC.1.
IC 22-12-7-14
Injunctions; restraining orders
Sec. 14. Upon a showing that a person has:
(1) taken a substantial step toward violating a law; or
(2) violated a law;
the court may grant without bond an injunction, restraining order, or
other appropriate order.
As added by P.L.245-1987, SEC.1.