reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 7. Bonding, Escrow, and Retainages › 4-13.6-7-8. Final Settlement With Contractor

Sec. 8. (a) Except for amounts withheld:
(1) from the contractor under section 3 of this chapter for uncompleted minor items; and
(2) under subsection (b);
the division may make a full, final, and complete settlement with a contractor, including providing for full payment of all escrowed principal and escrowed income, not later than sixty-one (61) days following the date of substantial completion if the contractor has materially fulfilled all of its obligations under the public works contract.
(b) If the division receives a claim from a subcontractor or a supplier under section 9 of this chapter, the division shall withhold the amount of the claim until the claim is resolved under section 9(c) of this chapter.
(c) After the division makes a final settlement with a contractor, all claims by subcontractors and suppliers to funds withheld from that contractor under section 2 of this chapter are barred.
As added by P.L.24-1985, SEC.7. Amended by P.L.75-2012, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 7. Bonding, Escrow, and Retainages › 4-13.6-7-9. Payment of Subcontractors and Suppliers by Division; Proration of Claims; Disputed Claims

Sec. 9. (a) If a subcontractor or a supplier files a claim with the division under section 10 of this chapter, and the claim is undisputed, the division shall:
(1) pay the claimant from the amounts retained from the contractor under section 2 of this chapter;
(2) take a receipt for each payment; and
(3) deduct the total amount paid to subcontractors and suppliers from the balance due the contractor.
(b) If there is not a sufficient amount owing to the contractor to pay all subcontractors and suppliers making undisputed claims under section 10 of this chapter, then the division shall prorate the amount withheld from the contractor and shall pay the prorated amount to each subcontractor and supplier entitled to a portion of the amount.
(c) If there is a dispute among the contractor, the subcontractors, and the suppliers to the funds withheld by the division, the division shall retain sufficient funds until the dispute is settled and the correct amount to be paid to each person is determined. When the dispute is resolved, the division shall make payments to persons making claims as provided in this section.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 7. Bonding, Escrow, and Retainages › 4-13.6-7-10. Claims of Subcontractors and Suppliers; Verification; Notice to Contractors and Sureties; Actions Upon Bond

Sec. 10. (a) In order to receive payment under section 9 of this chapter or to proceed against the bond of the contractor required under section 6 of this chapter, a subcontractor or supplier making a claim for payment on account of having performed any labor or having furnished any material or service in relation to a public works project must file a verified claim with the division and deliver a copy of the claim to the contractor not later than sixty (60) days after the date the last labor was performed, the last material was furnished, or the last service was rendered by that subcontractor or supplier. The claim shall state the amount due and owing to the person and shall give as much detail explaining the claim as possible. The division shall notify the contractor of any filed claims before taking action under section 9 of this chapter.
(b) In order to proceed against the bond of the contractor required under section 6 of this chapter, the claimant must notify the surety of the contractor by sending a copy of the claim required by subsection (a) to the surety company. The claimant shall also inform the division and the contractor that the surety has been notified. The division shall supply the claimant with any information the claimant requires to notify the surety and the contractor.
(c) The claimant may not file suit against the contractor's surety on the contractor's bond before thirty (30) days after filing of the claim with the division and delivering a copy of the claim to the contractor. If the claim is not paid in full at the expiration of the thirty (30) day period, the claimant may bring an action in a court of competent jurisdiction in the claimant's own name upon the bond.
As added by P.L.24-1985, SEC.7. Amended by P.L.75-2012, SEC.3.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 7. Bonding, Escrow, and Retainages › 4-13.6-7-11. Limitation of Actions Against Sureties

Sec. 11. Unless the bond provides a greater period of time, all suits must be brought against a surety on a bond required by this chapter within one (1) year after final settlement with the contractor under section 8 of this chapter. All suits against the surety after this time are barred.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 7. Bonding, Escrow, and Retainages › 4-13.6-7-12. Construction of Chapter With Other Laws

Sec. 12. This chapter is intended to supplement all other laws protecting labor, subcontractors, or suppliers and shall not be construed as conflicting with them.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 8. Energy Cost Savings Contracts › 4-13.6-8-1. "Commission"

Sec. 1. As used in this chapter, "commission" means the Indiana finance authority established by IC 5-1.2-3-1.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8. Amended by P.L.235-2005, SEC.58; P.L.189-2018, SEC.14.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 8. Energy Cost Savings Contracts › 4-13.6-8-2. "Energy Cost Savings Contract"

Sec. 2. As used in this chapter, "energy cost savings contract" means a contract between:
(1) the state or the commission; and
(2) a qualified provider;
for the implementation of at least one (1) qualified energy savings project and related measures for a governmental body.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 8. Energy Cost Savings Contracts › 4-13.6-8-3. "Qualified Energy Savings Project"

Sec. 3. As used in this chapter, "qualified energy savings project" means a facility alteration designed to reduce energy consumption costs or other operating costs. The term includes the following:
(1) Providing insulation of the facility and systems within the facility.
(2) Installing or providing for window and door systems, including:
(A) storm windows and storm doors;
(B) caulking or weatherstripping;
(C) multi-glazed windows and doors;
(D) heat absorbing or heat reflective glazed and coated windows and doors;
(E) additional glazing;
(F) reduction in glass area; and
(G) other modifications that reduce energy consumption.
(3) Installing automatic energy control systems.
(4) Modifying or replacing heating, ventilating, or air conditioning systems.
(5) Unless an increase in illumination is necessary to conform to Indiana laws or rules or local ordinances, modifying or replacing lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility.
(6) Providing for other measures that reduce energy consumption or reduce operating costs.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 8. Energy Cost Savings Contracts › 4-13.6-8-4. "Qualified Provider"

Sec. 4. As used in this chapter, "qualified provider" means a person experienced in the design, implementation, and installation of energy and operational cost savings systems.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 8. Energy Cost Savings Contracts › 4-13.6-8-5. Contract Proposals

Sec. 5. (a) At the request of a governmental body, the department, in consultation with the governmental body, may do the following:
(1) Solicit proposals from qualified providers for an energy cost savings contract.
(2) Review proposals and contract with a qualified provider.
(b) An energy cost savings contract may cover more than one (1) governmental body.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 8. Energy Cost Savings Contracts › 4-13.6-8-6. Allowable Provisions in Contracts

Sec. 6. An energy cost savings contract may do any of the following:
(1) Provide that energy cost savings are guaranteed by the qualified provider to the extent necessary to make payments for the qualified energy savings project.
(2) Include contracts for building operation programs, maintenance, and management or similar agreements with the qualified provider to reduce energy or operational costs.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 8. Energy Cost Savings Contracts › 4-13.6-8-7. Contract Approval and Guarantee

Sec. 7. (a) After reviewing the proposals submitted and after receiving a recommendation from the budget committee, the department may approve an energy cost savings contract with a qualified provider that best meets the needs of the governmental body if the department reasonably expects the cost of the qualified energy savings project recommended in the proposal would not exceed the amount to be saved in:
(1) energy costs;
(2) operational costs; or
(3) both energy and operational costs;
not later than twenty (20) years after the date installation is completed if the recommendations in the proposal are followed.
(b) An energy cost savings contract must include a guarantee from the qualified provider to the state that:
(1) energy cost savings;
(2) operational cost savings; or
(3) both energy and operational cost savings;
will meet or exceed the cost of the qualified energy project not later than twenty (20) years after the date installation is completed.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8. Amended by P.L.71-2009, SEC.1; P.L.99-2009, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 8. Energy Cost Savings Contracts › 4-13.6-8-8. Records

Sec. 8. (a) The contractor and each subcontractor engaged in installing energy conservation measures under a guaranteed energy savings contract shall keep full and accurate records indicating the names, classifications, and work performed by each worker employed by the respective contractor and subcontractor in connection with the work and an accurate record of the number of hours worked by each worker and the actual wages paid.
(b) The payroll records required to be kept under this section must be open to inspection by an authorized representative of the department and the department of labor.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8. Amended by P.L.252-2015, SEC.5.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 8. Energy Cost Savings Contracts › 4-13.6-8-9. Reduction of State Appropriations Due to Energy Cost Savings Prohibited

Sec. 9. The amount of state appropriations available to a governmental body may not be reduced because of energy cost savings and operational cost savings realized from a qualified energy savings project and an energy cost savings contract.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 8. Energy Cost Savings Contracts › 4-13.6-8-10. Recommendations to Governor

Sec. 10. The department may recommend to the governor that an energy cost savings contract be entered into by the commission under IC 4-13.5-1.5.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8. Amended by P.L.235-2005, SEC.59.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 9. Use of Energy Efficient Technology › 4-13.6-9-1. "Energy Efficient Technology"

Sec. 1. As used in this chapter, "energy efficient technology" refers to any of the following:
(1) Geothermal heating and cooling.
(2) Geothermal hot water generation.
(3) Solar hot water generation.
(4) Photovoltaic power generation.
(5) Wind power generation.
(6) Combined heat and power.
(7) Heat recovery chillers.
(8) Condensing boilers and low temperature heat.
(9) Air to air energy recovery devices.
(10) Autoclaved aerated concrete.
(11) Automated meter readers.
(12) Any other energy technology that has long term environmental value, energy efficiency, and cost effectiveness.
As added by P.L.159-2003, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 9. Use of Energy Efficient Technology › 4-13.6-9-2. Public Works Division to Consider Energy Efficient Technologies

Sec. 2. The division shall examine and consider energy efficient technologies for a public works project using a life cycle analysis.
As added by P.L.159-2003, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 9. Use of Energy Efficient Technology › 4-13.6-9-3. Use of Energy Efficient Technologies

Sec. 3. To the extent technically and economically feasible, the division shall consider the use of energy efficient technology in the plans and specifications for the public works project.
As added by P.L.159-2003, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 9. Use of Energy Efficient Technology › 4-13.6-9-4. Records of Contacts and Analysis of Energy Efficient Technologies in Contract File

Sec. 4. The division shall keep a record of the following in the public works contract file:
(1) The contacts the division makes with persons that provide energy efficient technology to implement this chapter.
(2) An analysis of the feasibility of using energy efficient technology in the public works project.
As added by P.L.159-2003, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 1.5. State Employees Appeals Commission › 4-15-1.5-1. Creation; Membership

Sec. 1. There is created the State Employees Appeals Commission which shall consist of five (5) members, not more than three (3) of whom shall be adherents of the same political party. One (1) member shall be appointed for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of three (3) years, and two (2) for a term of four (4) years. Every member so appointed shall serve until the member's successor shall have been appointed and qualified. Each successor shall serve a term of four (4) years. Any vacancy occurring in the membership of the board for any cause shall be filled by appointment of the governor for the unexpired term.
Formerly: Acts 1973, P.L.19, SEC.1. As amended by P.L.215-2016, SEC.85.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 1.5. State Employees Appeals Commission › 4-15-1.5-2. Qualifications of Members

Sec. 2. The members of the commission shall be citizens of the state who are in sympathy with and have knowledge of the practice of professional personnel administration in public employment with particular appreciation for fairly and impartially determining the validity of employee appeals. No member of the commission shall be a member of any local, state, or national committee of a political party or an officer in any partisan political club or organization, or shall hold or be a candidate for, any elective public office, and upon acceptance of any such appointment or upon any such candidacy, the term of a member of the commission shall expire. Upon the acceptance of any other remunerative appointment to public office, the term of a member shall expire.
Formerly: Acts 1973, P.L.19, SEC.1. As amended by Acts 1982, P.L.23, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 1.5. State Employees Appeals Commission › 4-15-1.5-3. Compensation

Sec. 3. Each member of the commission shall receive as compensation for services a salary and in addition shall receive actual and necessary traveling expenses and other expenses in the performance of the member's duties in the amount approved by the governor and the budget agency.
Formerly: Acts 1973, P.L.19, SEC.1. As amended by P.L.215-2016, SEC.86.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 1.5. State Employees Appeals Commission › 4-15-1.5-4. Oath

Sec. 4. Before entering upon the discharge of official duties, each member of the commission shall take and subscribe to an oath of office, which shall be filed in the office of the secretary of state.
Formerly: Acts 1973, P.L.19, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 1.5. State Employees Appeals Commission › 4-15-1.5-5. Meetings

Sec. 5. The commission shall meet in rooms provided by the personnel department and assume the duties of office. Three (3) members of the commission shall constitute a quorum for the transaction of business, and a majority of votes cast shall be required for the adoption or approval of any official action. The commission shall elect one (1) of the members as the chairman and another member as vice-chairman and the persons so elected shall hold office for one (1) year and until their successors are elected and qualified. The commission shall hold at least one (1) annual meeting and such regular and special meetings as needed as the commission may prescribe by rule or upon the call of the chairman.
Formerly: Acts 1973, P.L.19, SEC.1. As amended by Acts 1982, P.L.23, SEC.5; P.L.178-2006, SEC.1; P.L.134-2012, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 1.5. State Employees Appeals Commission › 4-15-1.5-6. Powers and Duties

Sec. 6. The appeals commission is hereby authorized and required to do the following:
(1) To hear or investigate those appeals from state employees as is set forth in IC 4-15-2.2-42, and fairly and impartially render decisions as to the validity of the appeals or lack thereof. Hearings shall be conducted in accordance with IC 4-21.5.
(2) To make, alter, or repeal rules by a majority vote of its members for the purpose of conducting the business of the commission, in accordance with the provisions of IC 4-22-2.
(3) To recommend to the personnel director such changes, additions, or deletions to personnel policy which the appeals commission feels would be beneficial and desirable.
Formerly: Acts 1973, P.L.19, SEC.1. As amended by Acts 1982, P.L.23, SEC.6; P.L.5-1988, SEC.24; P.L.229-2011, SEC.55.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 1.5. State Employees Appeals Commission › 4-15-1.5-8. Separation From Personnel Board; Appropriations

Sec. 8. The appeals commission shall be totally separate and independent of the personnel board. To ensure the independence of the commission as required by this chapter, appropriations to support the staff and other assistance needed to operate the commission must be made in a separate line item in the budget.
Formerly: Acts 1973, P.L.19, SEC.1. As amended by P.L.178-2006, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-1. Application

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to employees of a governmental entity that exercises any of the executive powers of the state under the direction of the governor or lieutenant governor.
(b) This chapter does not apply to the following:
(1) The legislative department of state government.
(2) The judicial department of state government.
(3) The following state elected officers and their personal staffs:
(A) The governor.
(B) The lieutenant governor.
(C) The secretary of state.
(D) The treasurer of state.
(E) The auditor of state.
(F) The attorney general.
(4) A body corporate and politic of the state created by state statute.
(5) A political subdivision (as defined in IC 36-1-2-13).
(6) An inmate who is working in a state penal, charitable, correctional, or benevolent institution.
(7) The state police department.
(c) This subsection does not apply to a political subdivision, the ports of Indiana (established by IC 8-10-1-3), or the northern Indiana commuter transportation district (established under IC 8-5-15). The chief executive officer of a governmental entity that is exempt from this chapter under subsection (b) may elect to have this chapter apply to all or a part of the entity's employees by submitting a written notice of the election to the director.
As added by P.L.229-2011, SEC.56. Amended by P.L.121-2016, SEC.2; P.L.219-2017, SEC.12; P.L.8-2019, SEC.11; P.L.43-2021, SEC.15.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-2. "Appointing Authority"

Sec. 2. As used in this chapter, "appointing authority" means the head of a department, division, board, or commission, or an individual or group of individuals who have the power by law or by lawfully delegated authority to make appointments to positions in the state civil service.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-3. "Class of Positions"

Sec. 3. As used in this chapter, "class" or "class of positions" means a group of positions in the state civil service determined by the director to have sufficiently similar duties, authority, and responsibility such that:
(1) the same qualifications may reasonably be required for; and
(2) the same schedule of pay can be equitably applied to;
all positions in the group.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-4. "Classified Employee"

Sec. 4. As used in this chapter, "classified employee" means an employee who:
(1) has been appointed to a position in the state classified service;
(2) has completed the working test period under section 34 of this chapter; and
(3) has been certified by the appointing authority for that classification of positions.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-5. "Commission"

Sec. 5. As used in this chapter, "commission" refers to the state employees appeals commission created by IC 4-15-1.5-1.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-6. "Department"

Sec. 6. As used in this chapter, "department" refers to the state personnel department established by section 13 of this chapter. The term includes the director.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-8. "Division of the Service"

Sec. 8. As used in this chapter, "division of the service" means any of the following that are subject to this chapter and whose positions are under the same appointing authority:
(1) A state department.
(2) A division or branch of a state department.
(3) An agency of the state government.
(4) A branch of the state civil service.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-9. "State Agency"

Sec. 9. As used in this chapter, "state agency" means an authority, board, branch, commission, committee, department, division, or other instrumentality of state government that is subject to this chapter. The term does not include a state educational institution (as defined in IC 21-7-13-32).
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-10. "State Civil Service"

Sec. 10. As used in this chapter, "state civil service" means public service by individuals who are subject to this chapter. The term includes the state classified service (as the term is described in section 21 of this chapter) and the unclassified service (as the term is described in section 22 of this chapter).
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-11. "State Institution"

Sec. 11. As used in this chapter, "state institution" means any of the following:
(1) A state institution (as defined in IC 12-7-2-184).
(2) A correctional facility owned by the state and operated by the department of correction.
(3) The Indiana School for the Deaf established by IC 20-22-2-1.
(4) The Indiana School for the Blind and Visually Impaired established by IC 20-21-2-1.
(5) The Indiana Veterans' Home as described in IC 10-17-9.
(6) Any other facility owned and operated by the state whose employees participate in the state civil service.
As added by P.L.229-2011, SEC.56. Amended by P.L.189-2018, SEC.15.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-12. Construction; Merit Principles

Sec. 12. (a) This chapter shall be liberally construed so as to increase governmental efficiency and responsiveness and to ensure the employment of qualified persons in the state classified service on the basis of the following merit principles:
(1) Recruitment, selection, and promotion of employees on the basis of an individual's relative ability, knowledge, and skills.
(2) The provision of equitable and adequate compensation.
(3) The training of employees to ensure high quality performance.
(4) The retention of employees based on:
(A) the quality of the employees' performance; and
(B) the correction of inadequate performance;
and the dismissal of employees whose inadequate performance is not corrected.
(5) Fair treatment of applicants and employees in all aspects of personnel administration:
(A) without regard to political affiliation, race, color, national origin, gender, religious creed, age, or disability; and
(B) with proper regard for the applicants' and employees' privacy and constitutional rights as citizens.
(6) Protection of employees from coercion for partisan political purposes, and prohibition on an employee using the employee's official authority to interfere with, or affect the result of, an election or nomination for political office.
(b) All employment matters in the state classified service are guided by the merit principles set forth in subsection (a).
(c) The personnel administration systems adopted under this chapter govern and limit all other state employment matters and every appointing authority.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-14. Director

Sec. 14. (a) The governor shall appoint a director who is responsible for administering the department.
(b) The director serves at the governor's pleasure.
(c) The governor shall set the director's compensation.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-15. Duties of Director

Sec. 15. The director shall do the following:
(1) Direct and supervise all administrative and technical activities of the department.
(2) Survey the administrative organization and procedures, including personnel procedures, of all state agencies, and submit to the governor measures to do the following among state agencies:
(A) Secure greater efficiency and economy.
(B) Minimize the duplication of activities.
(C) Effect better organization and procedures.
(3) Develop personnel policies, methods, procedures, and standards for all state agencies.
(4) Establish and maintain a roster of all employees in the state civil service.
(5) Prepare, or cause to be prepared, a classification and pay plan for the state civil service.
(6) Administer the classification and pay plan prepared under subdivision (5).
(7) Allocate each position in the state civil service to its proper class.
(8) Approve individuals for appointment to positions in the state civil service.
(9) Approve employees for transfer, demotion, or promotion within the state civil service.
(10) Approve employees for suspension, layoff, or dismissal from the state civil service.
(11) Rate the service of employees.
(12) Arrange, in cooperation with the directors of the divisions of the service, for employee training.
(13) Make available employee relations specialists to help employees:
(A) resolve employment related problems; and
(B) understand the procedures that are available for redress of grievances that the employee relations specialists do not resolve.
(14) Investigate systems of appointment and promotion in operation in various departments or divisions of the state government.
(15) Investigate and approve the need for existing and new positions in the state civil service.
(16) Investigate periodically the operation and effectiveness of this chapter and rules adopted under this chapter.
(17) Implement, administer, and enforce this chapter and rules and policies adopted under this chapter.
(18) Appoint employees, experts, and special assistants, as necessary, to effectively carry out this chapter.
(19) Perform any other lawful acts that the director considers necessary or desirable to carry out this chapter.
(20) Perform any other duties imposed by this chapter or assigned by the governor.
(21) Provide offices, rooms, and staff assistance to the office of administrative law proceedings established by IC 4-15-10.5-7.
As added by P.L.229-2011, SEC.56. Amended by P.L.205-2019, SEC.3.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-17. Examiners

Sec. 17. (a) The director may employ such expert or special examiners as may be required for the conduct of tests for positions in the state civil service.
(b) The director may select officers or employees in the state civil service to act as examiners in the preparation and rating of the tests described in subsection (a). An appointing authority may excuse any employee in the appointing authority's division of the service from the employee's regular duties for the time required to work as an examiner.
(c) Officers and employees are not entitled to extra pay for their service as examiners, but are entitled to reimbursement for necessary traveling and other expenses.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-18. Powers

Sec. 18. The department may do the following:
(1) Acquire, lease, own, or sell property in the name of the state in order to carry out its responsibilities under this chapter.
(2) Adopt a seal.
(3) Contract with persons outside the department to do those things that in the director's opinion cannot be adequately or efficiently handled by the department.
(4) Sue and be sued.
(5) Hire attorneys.
(6) Administer oaths.
(7) Take depositions.
(8) Issue subpoenas.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-19. Rules

Sec. 19. The director may adopt rules under IC 4-22-2 that the director considers necessary, appropriate, or desirable to carry out the department's responsibilities under this chapter.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-20. Divisions of the Service

Sec. 20. The state civil service is divided into the following parts:
(1) The state classified service.
(2) The unclassified service.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-21. Classified Service

Sec. 21. (a) Except as provided in subsection (b), the state classified service consists of positions in programs that have a federal statutory or regulatory requirement for the establishment and maintenance of personnel standards on a merit basis, including positions under the following:
(1) Employment Security (Unemployment Insurance and Employment Services) (26 U.S.C. 3301 et seq., 29 U.S.C. 2801 et seq., 38 U.S.C. 2000 et seq., 42 U.S.C. 501 et seq., and 42 U.S.C. 1101 et seq.).
(2) Federal Payments for Foster Care and Adoption Assistance (42 U.S.C. 673).
(3) Supplemental Nutrition Assistance Program (7 U.S.C. 2011 et seq.).
(4) Grants to States for Aid to the Blind (42 U.S.C. 1201 et seq.).
(5) Medical Assistance (Medicaid) (42 U.S.C. 1396 et seq.).
(6) Occupational Safety and Health Act (29 U.S.C. 651 et seq.).
(7) Occupational Safety and Health Grants to States (29 U.S.C. 673).
(8) Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5121 et seq.).
(9) Social Security Act (42 U.S.C. 301 et seq.).
(10) State and Community Programs on Aging and the Older Americans Act (42 U.S.C. 3001 et seq.).
(11) Wagner-Peyser Act (29 U.S.C. 49 et seq.).
(b) The following positions are exempt from the state classified service:
(1) An officer or employee appointed by the governor or lieutenant governor.
(2) A deputy, an administrative assistant, a secretary, or another position in a confidential relationship to an officer or employee described in subdivision (1).
(3) An employee who holds an executive level position:
(A) who is the head of a division or major unit within a state agency;
(B) who is a regional director or manager for a state agency, regardless of the title of the position; or
(C) who, as a substantial part of the position's duties, provides meaningful input on:
(i) the development of policy goals; or
(ii) the implementation of policy.
(4) The superintendent or director of a state institution.
(5) The highest ranking employee of a state agency who:
(A) holds an executive level position; and
(B) has primary responsibility for one (1) or more of the following functions:
(i) Public information.
(ii) Legal matters.
(iii) Fiscal matters.
(iv) Security or internal affairs.
(v) Human resources.
(c) This section may not be construed to include in the state classified service a position in a governmental entity listed in section 1(b) of this chapter unless the chief executive officer of the governmental entity makes the election described in section 1(c) of this chapter to have all or a part of the governmental entity's employees participate in the state civil service.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-22. Unclassified Service

Sec. 22. (a) The unclassified service consists of all offices and positions in the state civil service other than those in the state classified service.
(b) The unclassified service is separate from the state classified service.
(c) Except as expressly provided in this chapter, the human resource management systems applicable to the state classified service do not apply to the unclassified service.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-23. Classified Service; Standard for Dismissal, Demotion, or Suspension

Sec. 23. (a) An employee in the state classified service who has successfully completed a working test period may be dismissed, demoted, or suspended only for just cause, including cause under section 49 of this chapter.
(b) A classified employee is entitled to appeal a dismissal, demotion, or suspension as provided in section 42 of this chapter.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-24. Unclassified Service; At-Will Employee

Sec. 24. (a) An employee in the unclassified service is an employee at will and serves at the pleasure of the employee's appointing authority.
(b) An employee in the unclassified service may be dismissed, demoted, disciplined, or transferred for any reason that does not contravene public policy.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-25. Reorganization of Agency; Impact on Unclassified Positions

Sec. 25. Whenever a state agency or state institution is added to the classified part of the state civil service established by this chapter, an employee of the state agency or state institution who is in a position that is not subject to the classified provisions of this chapter is entitled to continue in that position until the employee has an opportunity to acquire classified employee status.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-26. Classification Plan

Sec. 26. (a) The director, after consulting with appointing authorities and other qualified authorities, shall determine, or cause to be determined, the authority, duties, and responsibilities of all positions in the state civil service.
(b) The director shall prepare a classification plan that groups all positions in the state civil service in classes, based on the authority, duties, and responsibilities of each position. The classification plan must set forth, for each class of positions, the class title and a statement of the authority, duties, and responsibilities of the class. Each class of positions may be subdivided, and classes may be grouped and ranked in such manner as the director considers appropriate.
(c) New, reclassified, or reallocated positions must be classified, reclassified, or reallocated in the same manner as positions were initially classified or allocated.
(d) The director periodically shall:
(1) review the positions in state civil service; and
(2) reallocate the positions to the proper classes based on the duties and responsibilities of the positions at the time of the review under subdivision (1).
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-27. Pay Plan

Sec. 27. (a) After consultation with the budget agency, the director shall prepare and recommend to the governor a pay plan for all employees holding positions for which compensation is not fixed by law.
(b) The pay plan must provide, for each class of positions, a minimum and maximum rate of pay as well as any intermediate rates of pay that the director considers necessary or equitable. In establishing the rates, the director shall consider the following factors:
(1) The experience in recruiting for positions in the state civil service.
(2) The prevailing rates of pay for the service performed and for comparable services in public and private employment.
(3) The cost of living.
(4) Benefits, other than the rate of pay, available to or received by employees.
(5) The state's financial condition and policies.
(c) The pay plan takes effect after the plan is approved by the budget agency and accepted by the governor.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-27.5. Revision or Adjustment to Pay Plan; Effectiveness

Sec. 27.5. Before a revision or adjustment to a pay plan developed under section 27 of this chapter for which all employees are generally eligible may take effect, the director shall submit the proposed pay plan revision or adjustment to the budget committee for review. The requirement under this section does not apply to an increase in an employee's salary or rate of pay that is:
(1) based on an evaluation under section 36 of this chapter;
(2) based upon a promotion granted to the employee;
(3) made specifically to retain the employee; or
(4) made for any other reason for which other employees are not eligible.
As added by P.L.201-2023, SEC.74.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-28. Use of Classification Titles or Code Numbers

Sec. 28. (a) Classification titles or corresponding code numbers must be used to designate positions in all personnel, accounting, budget, appropriation, and financial records and communications of all state departments, institutions, and agencies.
(b) A person may not be appointed to or employed in a position in the state civil service unless the director has approved the class title of the position as appropriate to the duties to be performed.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-29. Vacancies in Classified Service

Sec. 29. Vacancies in the state classified service may be filled only by a process approved by the director in accordance with the merit principles set forth in section 12 of this chapter.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-30. Rejection of Application for Employment; Grounds

Sec. 30. An application for employment may be rejected if the department determines that the applicant:
(1) lacks any of the required qualifications;
(2) is incapable of performing the essential functions of the position that the applicant is seeking;
(3) has been convicted of a crime;
(4) has been dismissed from the public service;
(5) has made a false statement of a material fact; or
(6) committed or attempted to commit a fraud or deception in connection with submitting an application or attempting to secure an appointment to the state civil service.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-31. Notification of Available Job Positions

Sec. 31. (a) The director shall inform prospective applicants for state employment of the process for obtaining state employment.
(b) The director may advertise or employ any other methods of publicizing opportunities for employment in state civil service.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-32. Classified Service; Veteran Preference

Sec. 32. (a) Former members of the armed forces of the United States who meet both of the following requirements shall receive a preference for appointment or reemployment in the state classified service:
(1) The veteran served on active duty in any branch of the armed forces.
(2) The veteran was not discharged or separated from the armed forces under other than honorable conditions, unless the veteran presents appropriate records from:
(A) the United States Department of Defense; or
(B) the appropriate branch of the armed forces;
showing a correction of a separation or discharge to "honorable".
(b) When:
(1) preemployment interviews of external candidates are conducted; and
(2) the qualified applicant pool includes veterans;
veterans must be included in the group offered interviews.
(c) In computing seniority for purposes of a personnel reduction in state civil service, the computation must include the length of time the employee spent on active duty in the armed forces of the United States.
As added by P.L.229-2011, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-33. Certification and Placement of Individuals With a Disability

Sec. 33. (a) As used in this section, "individual with a disability" means an individual:
(1) with a physical or mental impairment that substantially limits one (1) or more of the major life activities of the individual; or
(2) who:
(A) has a record of; or
(B) is regarded as;
having an impairment described in subdivision (1).
(b) Notwithstanding any other provision of this chapter, an Indiana rehabilitation facility or the division of disability and rehabilitative services may certify that an individual:
(1) is an individual with a disability; and
(2) possesses the required knowledge, skill, and ability to perform the essential functions of a position classification:
(A) with or without reasonable accommodation; or
(B) with special accommodation for supported employment.
(c) An applicant with a disability who is certified under subsection (b) may be appointed to a position in a classification for which the applicant is certified.
As added by P.L.229-2011, SEC.56.