reglab/housing_qa huggingface dataset:
IN Code § 4-21.5-2-0.1 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2. Application|4-21.5-2-0.1. Application of Article; Application of Previous Statute; References to Previous Statutes

Sec. 0.1. (a) This article governs:(1) all proceedings, and all proceedings for judicial review or civil enforcement of agency action, commenced after June 30, 1987; and(2) proceedings conducted after June 30, 1987, on remand from a court.(b) The following are governed by IC 4-22-1 (before its repeal) as it existed on June 30, 1987:(1) Any adjudicative proceedings pending on June 30, 1987, and not being conducted on remand after June 30, 1987.(2) All judicial review proceedings concerning agency action pending on June 30, 1987.(3) All civil enforcement proceedings concerning agency action pending on June 30, 1987.(c) After June 30, 1987, any reference to Acts 1947, c.365 or IC 4-22-1 in a statute or rule in effect on July 1, 1987, shall be construed as a reference to IC 4-21.5 as effective on July 1, 1987.As added by P.L.220-2011, SEC.43.
IN Code § 4-21.5-2-1 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2. Application|4-21.5-2-1. Minimum Rights and Duties

Sec. 1. This article creates minimum procedural rights and imposes minimum procedural duties.As added by P.L.18-1986, SEC.1.
IN Code § 4-21.5-2-2 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2. Application|4-21.5-2-2. Waiver of Rights and Duties

Sec. 2. Except to the extent precluded by a law, a person may waive any right conferred upon that person by this article. This section does not permit the waiver of any procedural duty imposed by this article.As added by P.L.18-1986, SEC.1.
IN Code § 4-21.5-2-3 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2. Application|4-21.5-2-3. Application of Law

Sec. 3. This article applies to an agency, except to the extent that a statute clearly and specifically provides otherwise. This article applies (to the extent that a statute other than this article specifically applies this article) to a class of otherwise exempt orders or one (1) or more stages of an otherwise exempt proceeding.As added by P.L.18-1986, SEC.1.
IN Code § 4-21.5-2-4 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2. Application|4-21.5-2-4. Exemptions

Sec. 4. (a) This article does not apply to any of the following agencies:(1) The governor.(2) The state board of accounts.(3) The state educational institutions.(4) The department of workforce development.(5) The unemployment insurance review board of the department of workforce development.(6) The worker's compensation board of Indiana.(7) The military officers or boards.(8) The Indiana utility regulatory commission.(9) The department of state revenue (excluding an agency action related to the licensure of private employment agencies).(10) The department of local government finance.(11) The Indiana board of tax review.(12) The Indiana department of veterans' affairs.(13) The Indiana veterans' affairs commission.(b) This article does not apply to action related to railroad rate and tariff regulation by the Indiana department of transportation.As added by P.L.18-1986, SEC.1. Amended by P.L.18-1987, SEC.5; P.L.28-1988, SEC.1; P.L.18-1990, SEC.7; P.L.21-1995, SEC.7; P.L.198-2001, SEC.1; P.L.256-2003, SEC.1; P.L.188-2003, SEC.1; P.L.91-2006, SEC.1; P.L.2-2007, SEC.51; P.L.219-2007, SEC.3; P.L.132-2019, SEC.1.
IN Code § 4-21.5-2-6 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2. Application|4-21.5-2-6. Inapplicability to Certain Formulation, Issuance, and Administrative Review

Sec. 6. This article does not apply to the formulation, issuance, or administrative review (but does apply to the judicial review and civil enforcement) of any of the following:(1) Except as provided in IC 12-17.2-3.5-17, IC 12-17.2-4-18.7, IC 12-17.2-5-18.7, and IC 12-17.2-6-20, determinations by the division of family resources and the department of child services.(2) Determinations by the alcohol and tobacco commission.(3) Determinations by the office of Medicaid policy and planning concerning recipients and applicants of Medicaid. However, this article does apply to determinations by the office of Medicaid policy and planning concerning providers.As added by P.L.18-1986, SEC.1. Amended by P.L.2-1992, SEC.37; P.L.23-1992, SEC.1; P.L.1-1993, SEC.20; P.L.204-2001, SEC.5; P.L.198-2001, SEC.2; P.L.1-2002, SEC.9; P.L.241-2003, SEC.1; P.L.234-2005, SEC.1; P.L.219-2007, SEC.4; P.L.53-2018, SEC.1.
IN Code § 4-21.5-2-7 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2. Application|4-21.5-2-7. Application of Opportunity to Correct

Sec. 7. (a) Except as provided in subsection (b), IC 4-21.5-2.5 applies to all agencies in the executive department of state government, including the administrative department.(b) IC 4-21.5-2.5 does not apply to the Indiana occupational safety and health administration.As added by P.L.215-2017, SEC.1.
IN Code § 4-21.5-2.5-1 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2.5. Opportunity to Correct|4-21.5-2.5-1. Application

Sec. 1. Except as provided in sections 2 and 3 of this chapter, this chapter applies to the resolution of an alleged violation of a state rule or state statute within the jurisdiction of an agency that is discovered in an inspection conducted after June 30, 2017.As added by P.L.215-2017, SEC.2.
IN Code § 4-21.5-2.5-2 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2.5. Opportunity to Correct|4-21.5-2.5-2. Exemptions

Sec. 2. This chapter does not apply:(1) if the agency conducting the inspection determines that the alleged violation:(A) represents intentional misconduct or an act of fraud by a responsible person or an agent of the responsible person;(B) is not correctable within a reasonable time, as determined by the agency;(C) demonstrates, by a continuing pattern of conduct, a willful disregard by the responsible person of the person's obligation to remedy the errors after the responsible person becomes aware of the errors;(D) constitutes an immediate risk to:(i) any person;(ii) the public health, safety, or welfare; or(iii) the environment; or(E) constitutes a major violation of the agency's rules as expressly provided by the rules of the agency;(2) if another statute (including IC 13-30) provides a substantially similar procedure for correction of an alleged violation of a rule or state statute before the agency:(A) imposes a sanction on a person; or(B) terminates a legal right, duty, privilege, immunity, or other legal interest of a person;(3) if application of this chapter to a violation would violate a federal law or regulation;(4) if the alleged violation is a violation of:(A) a rule or state statute governing the conduct of an agency employee or contractor in the procurement or performance of services or the delivery of property to a governmental entity; or(B) an ethics code;(5) if the alleged violation was discovered as part of the preparation of a health care licensing and certification survey by the state department of health;(6) if the alleged violation constitutes an act or omission that is charged by a state law enforcement agency as a crime or delinquent act or the agency forwards notice of the alleged violation to the attorney general, a state or local law enforcement agency, or a prosecuting attorney for investigation or prosecution as a crime or delinquent act;(7) to a day care regulation under IC 12-17.2; or(8) to the responsibilities of the department of child services under IC 31.As added by P.L.215-2017, SEC.2.
IN Code § 4-21.5-2.5-3 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2.5. Opportunity to Correct|4-21.5-2.5-3. Exemptions; Agency Action

Sec. 3. This chapter does not limit an agency's authority to issue an emergency or a temporary order under IC 4-21.5-4 or another law if:(1) an emergency exists; or(2) a statute authorizes the agency to issue a temporary order or otherwise take immediate agency action.As added by P.L.215-2017, SEC.2.
IN Code § 4-21.5-2.5-4 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2.5. Opportunity to Correct|4-21.5-2.5-4. "Inspection"

Sec. 4. As used in this chapter, "inspection" means:(1) visual analysis; or(2) performance of tests;undertaken to evaluate the operation, use, or condition of real or personal property.As added by P.L.215-2017, SEC.2.
IN Code § 4-21.5-2.5-5 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2.5. Opportunity to Correct|4-21.5-2.5-5. "Violation"

Sec. 5. As used in this chapter, "violation" refers to a violation of a state rule adopted by an agency or a state statute, except for a violation exempt under section 2 of this chapter.As added by P.L.215-2017, SEC.2.
IN Code § 4-21.5-2.5-6 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2.5. Opportunity to Correct|4-21.5-2.5-6. Disclosure of Violation in Inspection

Sec. 6. If an inspection discloses a possible violation, the agency shall proceed under:(1) section 7 of this chapter; or(2) first section 7 of this chapter, and then section 10 of this chapter.As added by P.L.215-2017, SEC.2.
IN Code § 4-21.5-2.5-7 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2.5. Opportunity to Correct|4-21.5-2.5-7. Notification Required; Offer to Enter Corrective Plan

Sec. 7. The agency shall:(1) notify the alleged violator in writing that the agency believes a violation may exist; and(2) extend an offer in writing to the alleged violator giving the alleged violator an opportunity to enter into a corrective plan to correct the alleged violation before the agency imposes a civil penalty or takes another enforcement action permitted under section 10 of this chapter or another law.As added by P.L.215-2017, SEC.2.
IN Code § 4-21.5-2.5-8 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2.5. Opportunity to Correct|4-21.5-2.5-8. Contents of Notice; Corrective Plan

Sec. 8. (a) The notice to the alleged violator under section 7 of this chapter must include the following:(1) A description of the actions that must be taken to correct the alleged violation.(2) The date before which the alleged violator must enter into a corrective plan with the agency in order to avoid an enforcement action under section 10 of this chapter or another law.(3) A statement that an alleged violator may enter into a corrective plan without admitting that the violation occurred.(b) The agency may condition an offer on a requirement that the alleged violator take one (1) or more actions to protect the safety and property of other persons during the time in which the alleged violator reviews the proposed corrective plan.(c) A corrective plan must require the alleged violator to notify the agency within the time specified in the corrective plan that the violation has been corrected.As added by P.L.215-2017, SEC.2.
IN Code § 4-21.5-2.5-9 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2.5. Opportunity to Correct|4-21.5-2.5-9. Agency Determination of Compliance

Sec. 9. The agency shall determine if the alleged violator has substantially corrected the violation and notify the alleged violator whether the alleged violator is in substantial compliance with the applicable rule or state statute not more than thirty (30) days after the earlier of the date that:(1) the alleged violation must be corrected under the corrective plan; or(2) the alleged violator notifies the agency that the alleged violator has corrected the violation.As added by P.L.215-2017, SEC.2.
IN Code § 4-21.5-2.5-10 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2.5. Opportunity to Correct|4-21.5-2.5-10. Corrective Order; Enforcement Action

Sec. 10. If:(1) a corrective plan is not entered into; or(2) an alleged violator fails to substantially correct an alleged violation within the time specified in a corrective plan entered into under this chapter;the agency may issue a corrective order and take any enforcement action authorized by law for the violation.As added by P.L.215-2017, SEC.2.
IN Code § 4-21.5-2.5-11 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2.5. Opportunity to Correct|4-21.5-2.5-11. Public Records

Sec. 11. The following are public records:(1) A corrective plan entered into under this chapter.(2) The results of an inspection under section 9 of this chapter.(3) Any corrective order described in section 10 of this chapter.An agency shall retain the public records described in subdivisions (1) through (3) in accordance with the appropriate retention schedule established under IC 5-15.As added by P.L.215-2017, SEC.2.
IN Code § 4-21.5-2.5-12 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 2.5. Opportunity to Correct|4-21.5-2.5-12. Liability

Sec. 12. The state, a state agency, and an agency's officers, agents, and employees are immune from liability for any act done or omitted in connection with the performance of their duties under this chapter.As added by P.L.215-2017, SEC.2.
IN Code § 4-21.5-3-2 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-2. Time Computation

Sec. 2. (a) In computing any period of time under this article, the day of the act, event, or default from which the designated period of time begins to run is not included. The last day of the computed period is to be included unless it is:(1) a Saturday;(2) a Sunday;(3) a legal holiday under a state statute; or(4) a day that the office in which the act is to be done is closed during regular business hours.(b) A period runs until the end of the next day after a day described in subsection (a)(1) through (a)(4). If the period allowed is less than seven (7) days, intermediate Saturdays, Sundays, state holidays, and days on which the office in which the act is to be done is closed during regular business hours are excluded from the calculation.(c) A period of time under this article that commences when a person is served with a paper, including the period in which a person may petition for judicial review, commences with respect to a particular person on the earlier of the date that:(1) the person is personally served with the notice; or(2) a notice for the person is deposited in the United States mail.(d) If section 1(f) of this chapter applies, a period of time under this article commences when a notice for the person is published in a newspaper.(e) If a notice is served through the United States mail, three (3) days must be added to a period that commences upon service of that notice.As added by P.L.18-1986, SEC.1. Amended by P.L.32-2011, SEC.2.
IN Code § 4-21.5-3-3 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-3. Notice of Orders; Additional Proceedings; Effectiveness; Stays

Sec. 3. (a) An agency shall give notice concerning an order under section 4, 5, 6, or 8 of this chapter. An agency shall conduct additional proceedings under this chapter if required by section 7 or 8 of this chapter. However, IC 4-21.5-4 applies to the notice and proceedings necessary for emergency and other temporary orders.(b) Notwithstanding IC 1-1-4-1, if:(1) a panel of individuals responsible for an agency action has a quorum of its members present, as specified by law; and(2) a statute other than IC 1-1-4-1 does not specify the number of votes necessary to take an agency action;the panel may take the action by an affirmative vote of a majority of the members present and voting. For the purposes of this subsection, a member abstaining on a vote is not voting on the action.(c) An order is effective when it is issued as a final order under this chapter, except to the extent that:(1) a different date is set by this article;(2) a later date is set by an agency in its order; or(3) an order is stayed.(d) After an order becomes effective, an agency may suspend the effect of an order, in whole or in part, by staying the order under this chapter.(e) A party to an order may be required to comply with an order only after the party has been served with the order or has actual knowledge of the order.As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.3.
IN Code § 4-21.5-3-8 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-8. Sanctions; Temporary Orders

Sec. 8. (a) An agency may issue a sanction or terminate a legal right, duty, privilege, immunity, or other legal interest not described by section 4, 5, or 6 of this chapter only after conducting a proceeding under this chapter. However, this subsection does not preclude an agency from issuing, under IC 4-21.5-4, an emergency or other temporary order concerning the subject of the proceeding.(b) When an agency seeks to issue an order that is described by subsection (a), the agency shall serve a complaint upon:(1) each person to whom any resulting order will be specifically directed; and(2) any other person required by law to be notified.A person notified under this subsection is not a party to the proceeding unless the person is a person against whom any resulting order will be specifically directed or the person is designated by the agency as a party in the record of the proceeding.(c) The complaint required by subsection (b) must include the following:(1) A short, plain statement showing that the pleader is entitled to an order.(2) A demand for the order that the pleader seeks.As added by P.L.18-1986, SEC.1.
IN Code § 4-21.5-3-8.5 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-8.5. Sharing Administrative Law Judges Among Agencies; Information Concerning Administrative Law Judges

Sec. 8.5. (a) After June 30, 2020, this section does not apply to an agency that is subject to the jurisdiction of the office of administrative law proceedings.(b) An agency may share an administrative law judge with another agency:(1) to avoid bias, prejudice, interest in the outcome, or another conflict of interest;(2) if a party requests a change of administrative law judge;(3) to ease scheduling difficulties; or(4) for another good cause.An agency may adopt rules under IC 4-22-2 to implement this subsection.(c) To the extent practicable, an administrative law judge must have expertise in the area of law being adjudicated.(d) An agency shall post on the agency's Internet web site the:(1) name;(2) salary and other remuneration; and(3) relevant professional experience;of every person who serves as an administrative law judge for the agency.As added by P.L.72-2014, SEC.3. Amended by P.L.205-2019, SEC.8.
IN Code § 4-21.5-3-10 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-10. Disqualification of Administrative Law Judge

Sec. 10. (a) An administrative law judge is subject to disqualification for:(1) bias, prejudice, or interest in the outcome of a proceeding;(2) failure to dispose of the subject of a proceeding in an orderly and reasonably prompt manner after a written request by a party;(3) unless waived or extended with the written consent of all parties or for good cause shown, failure to issue an order not later than ninety (90) days after the latest of:(A) the filing of a motion to dismiss or a motion for summary judgment under section 23 of this chapter that is filed after June 30, 2011;(B) the conclusion of a hearing that begins after June 30, 2011; or(C) the completion of any schedule set for briefing or for submittal of proposed findings of fact and conclusions of law for a disposition under clauses (A) or (B); or(4) any cause for which a judge of a court may be disqualified.Before July 1, 2020, nothing in this subsection prohibits an individual who is an employee of an agency from serving as an administrative law judge.(b) This subsection does not apply to a proceeding concerning a regulated occupation (as defined in IC 25-1-7-1), except for a proceeding concerning a water well driller (as described in IC 25-39-3) or an out of state mobile health care entity regulated by the state department of health. An individual who is disqualified under subsection (a)(2) or (a)(3) shall provide the parties a list of at least three (3) special administrative law judges who meet the requirements of:(1) IC 4-21.5-7-6, if the case is pending in the office of environmental adjudication.(2) IC 14-10-2-2, if the case is pending before the division of hearings of the natural resources commission; or(3) subject to subsection (d), any other statute or rule governing qualification to serve an agency other than those described in subdivision (1) or (2).Subject to subsection (c), the parties may agree to the selection of one (1) individual from the list.(c) If the parties do not agree to the selection of an individual as provided in subsection (b) not later than ten (10) days after the parties are provided a list of judges under subsection (b), a special administrative law judge who meets the requirements of subsection (b) shall be selected under the procedure set forth in Trial Rule 79(D), 79(E), or 79(F).(d) This subsection applies after June 30, 2020, to an agency whose proceedings are subject to the jurisdiction of the office of administrative law proceedings. If an administrative law judge is disqualified under this section, the director of the office of administrative law proceedings shall assign another administrative law judge.As added by P.L.18-1986, SEC.1. Amended by P.L.32-2011, SEC.3; P.L.205-2019, SEC.10.
IN Code § 4-21.5-3-12 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-12. Administrative Law Judge; Prohibited Acts; Disqualification

Sec. 12. An administrative law judge who:(1) comments publicly, except as to hearing schedules or procedures, about pending or impending proceedings; or(2) engages in financial or business dealings that tend to:(A) reflect adversely on the administrative law judge's impartiality;(B) interfere with the proper performance of the administrative law judge's duties;(C) exploit the administrative law judge's position; or(D) involve the administrative law judge in frequent financial or business dealings with attorneys or other persons who are likely to come before the administrative law judge;is subject to disqualification. A violation of this section is subject to the sanctions under sections 36 and 37 of this chapter.As added by P.L.18-1986, SEC.1.