CHAPTER 6. CIVIL ENFORCEMENT
IC 4-21.5-6
Chapter 6. Civil Enforcement
IC 4-21.5-6-1
Court order for enforcement
Sec. 1. In addition to any other remedy provided by law:
(1) an agency in its own name;
(2) an agency in the name of the state;
(3) the attorney general in the name of the attorney general; or
(4) the attorney general in the name of the state at the request of
an agency;
may apply for a court order in a circuit or superior court to enforce
an order issued under this article by a verified petition for civil
enforcement.
As added by P.L.18-1986, SEC.1.
IC 4-21.5-6-2
Enforcement of subpoenas, discovery orders, and protective orders
Sec. 2. (a) This section applies only to the enforcement of a
subpoena, discovery order, or protective order issued by an agency
under this article.
(b) Any party to a proceeding before an agency who has obtained
an order from an administrative law judge may apply for a court
order in a circuit or superior court to enforce the subpoena or order
issued by an agency by a verified petition for civil enforcement.
Notice of an application under this section shall be given:
(1) to the administrative law judge issuing the order;
(2) to the attorney general; and
(3) to each party to the proceeding before the agency;
by personal service or by the United States mail at the time the
application is filed.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.24.
IC 4-21.5-6-3
Civil actions
Sec. 3. (a) This section does not apply to the enforcement of a
subpoena, discovery order, or protective order issued by an agency
under this article.
(b) Nothing in this chapter limits or precludes civil action under
IC 13-30-1.
(c) Any party to a proceeding concerning an agency's order may
file a petition for civil enforcement of that order.
(d) The action may not be commenced under this section if:
(1) less than sixty (60) days has elapsed since the petitioner
gave notice of the alleged violation and of the petitioner's intent
to seek civil enforcement to the head of the agency concerned,
to the attorney general, and to each alleged violator against
whom the petitioner seeks civil enforcement;
(2) the agency has filed and is diligently prosecuting a petition
for civil enforcement of the same order against the same
defendant; or
(3) a petition for review of the same order has been filed and is
pending in court.
(e) The petition under this section must name as defendants each
alleged violator against whom the petitioner seeks civil enforcement.
(f) The agency whose order is sought to be enforced is not a party
to an action under this section unless the agency moves to intervene.
The court shall grant an agency's motion to intervene and shall allow
the agency to intervene as a plaintiff or defendant.
(g) The agency whose order is sought to be enforced under this
section may move to dismiss on the grounds that the petition fails to
qualify under this section or that enforcement would be contrary to
the policy of the agency. The court shall grant the motion to dismiss
unless the petitioner demonstrates that:
(1) the petition qualifies under this section; and
(2) the agency's failure to enforce its order is based on an
exercise of discretion that is improper on one (1) or more of the
grounds provided in IC 4-21.5-5-14.
(h) Except to the extent expressly authorized by law, a petition for
civil enforcement filed under this section may not request, and the
court may not grant, any monetary payment apart from taxable costs.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.25;
P.L.1-1996, SEC.26.
IC 4-21.5-6-4
Naming violators required
Sec. 4. A petition for civil enforcement must name as defendants
each alleged violator against whom the party seeks to obtain civil
enforcement.
As added by P.L.18-1986, SEC.1.
IC 4-21.5-6-5
Venue
Sec. 5. Venue is determined in accordance with the rules
governing civil actions in the courts.
As added by P.L.18-1986, SEC.1.
IC 4-21.5-6-6
Relief granted
Sec. 6. Upon a showing that a person has violated an order issued
under this article, the court may grant:
(1) an injunction requested by any petitioner without bond;
(2) a restraining order or any appropriate relief other than an
injunction requested by a petitioner under section 1 of this
chapter without bond;
(3) a subpoena, discovery order, or protective order requested
under section 2 of this chapter without a bond; or
(4) a restraining order or any appropriate relief other than an
injunction requested by a petitioner under section 3 of this
chapter with the bond specified by the court.
As added by P.L.18-1986, SEC.1.
IC 4-21.5-6-7
Appeal
Sec. 7. Decisions on petitions for civil enforcement are appealable
in accordance with the rules governing civil appeals from the courts.
As added by P.L.18-1986, SEC.1.