reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 2.2. State Civil Service System › 4-15-2.2-34. Classified Service; Work Test Period

Sec. 34. (a) Every person appointed to a classification in the state classified service shall complete a working test period while occupying a position in the classification. The working test period begins immediately upon the person's appointment and continues until a time established by the director. At least once during the working test period, the appointing authority shall prepare for the director, in the manner specified by the director, a full performance appraisal of the employee's work.
(b) Subject to subsection (c), the appointing authority may remove an employee for any reason at any time during the employee's working test period. The appointing authority shall immediately report the removal to the director and to the employee who is removed.
(c) If the director finds during an employee's working test period that the employee was appointed as a result of error or fraud, the director may remove the employee after providing the employee with notice and an opportunity to be heard.
(d) Before the expiration of an employee's working test period, the appointing authority shall notify the director as to:
(1) whether the services of the employee have been satisfactory; and
(2) whether the appointing authority will continue the employee's employment after the working test period ends.
The appointing authority shall provide the employee with a copy of the notice given to the director.
(e) Sections 23 and 42 of this chapter do not apply to an employee who is removed during a working test period for the initial classification in the state classified service to which the employee is appointed.
(f) The removal of an employee in the classified service from a working test period for a promotion from one (1) classification to another classification is not appealable, unless the removal results in the employee's dismissal or layoff.
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 › 4-15-2.2-35. Reassignment; Reorganization

Sec. 35. (a) An appointing authority may at any time reassign an employee from one (1) position to another position in the same class or rank in the division of the service. The appointing authority shall, immediately after making the reassignment, give notice of the reassignment to the director.
(b) The transfer of a classified employee from a position in a division of the service to a position of the same class or rank in another division of the service requires the approval of:
(1) the appointing authorities of both divisions of the service; and
(2) the director.
(c) A classified employee must be appointed, rather than transferred, to a position:
(1) in another class of a higher rank; or
(2) for which the requirements for appointment are substantially dissimilar to the requirements for the position the employee currently holds.
(d) The reassignment of a classified employee to a position in a class of a lower rank is a demotion. Unless the employee consents to the demotion in writing, the appointing authority must comply with section 23 of this chapter in making the demotion. A classified employee is entitled to appeal the demotion in accordance with section 42 of this chapter.
(e) This section may not be construed to prohibit an appointing authority from temporarily substituting duties unrelated to an employee's position classification for the employee's usual duties.
(f) This section may not be construed to impair the director's authority to reclassify or reorganize positions in the state civil service as long as the reclassification or reorganization is not based on a classified employee's misconduct or poor performance. The just cause standard described in section 23 of this chapter does not apply to such a reclassification or reorganization.
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 › 4-15-2.2-36. Evaluation Standards; Service Ratings

Sec. 36. (a) In cooperation with appointing authorities, the director shall establish, and may periodically amend:
(1) the standards of performance for employees;
(2) the expected outcomes for employees; and
(3) a system of service ratings based upon the standards described in subdivisions (1) and (2).
(b) Employee performance standards and expected outcomes must be specific, measurable, achievable, relevant to the strategic objective of the employee's state agency or state institution, and time sensitive.
(c) Each employee at all levels of the state civil service shall be held accountable for participating in the process of establishing the standards, outcomes, and ratings described in this section.
(d) Each appointing authority shall, at periodic intervals (but at least annually), make, and report to the director, service ratings for the employees in the appointing authority's division of the service. As requested by the director, the appointing authority shall provide the information on which the appointing authority relied in determining a service rating.
(e) Service ratings may be used as follows:
(1) To determine salary increases and decreases within the limits established by law and by the pay plan developed under section 27 of this chapter.
(2) As a factor in making promotions.
(3) As a means of discovering employees:
(A) who are candidates for promotion or transfer; or
(B) who, because of a low service rating, are candidates for demotion or dismissal.
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 › 4-15-2.2-37. Report to Director; Change in Employee Status

Sec. 37. (a) An appointing authority shall report to the director each appointment, transfer, promotion, demotion, dismissal, change of salary rate, absence from duty, and other temporary or permanent change in the status of an employee in the appointing authority's division of the service.
(b) The director shall prescribe the submission deadline, the form, and the supporting or pertinent information required for the report.
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 › 4-15-2.2-38. Personnel Records; Roster; Analysis

Sec. 38. (a) The director shall maintain a perpetual roster that includes at least the following information for each employee in the state civil service system:
(1) Whether the employee is in the state classified service or the unclassified service.
(2) The title of the position the employee holds.
(3) The department, state agency, or state institution to which the employee is assigned.
(4) The employee's pay rate.
(5) The employee's date of appointment.
(6) Any other information that the director considers pertinent.
(b) The director shall maintain any other personnel records that the director considers desirable.
(c) The director shall provide tabulations and analyses of state employee personnel data that are available to the director to:
(1) the governor;
(2) the general assembly in the electronic format required by IC 5-14-6;
(3) the budget director;
(4) department and institution directors; and
(5) other persons to the extent required by and in accordance with IC 5-14-3.
(d) All officers and employees shall, during usual business hours:
(1) grant to the director, or any agent or employee of the department designated by the director, unlimited access to the premises and records pertaining to personnel matters that are under the officers' or employees' control; and
(2) furnish to the director, or the director's agent, the facilities, assistance, and information required to administer 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 › 4-15-2.2-39. Rules Governing Hours of Work and Leaves of Absence

Sec. 39. Rules adopted by the department for state civil service employees must provide for the hours of work and leaves of absence.
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 › 4-15-2.2-40. Lay Off and Furlough Authority; Reduction in Hours

Sec. 40. (a) An appointing authority has the authority to lay off or furlough employees or to reduce hours of employment for any of the following reasons:
(1) Lack of funds.
(2) A reduction in spending authorization.
(3) Lack of work.
(4) Efficiency.
(b) The appointing authority has the authority to determine the extent, effective dates, and length of a layoff, furlough, or reduction in hours taken under subsection (a).
(c) The appointing authority shall determine the classifications affected and the number of employees laid off in each classification and county to which a layoff applies.
(d) In determining a layoff, the appointing authority must consider all employees under the same appointing authority, within the classification affected, and within the county affected, and consider service ratings first. Thereafter, consideration may be given to the following relevant factors:
(1) Disciplinary record.
(2) Knowledge, skill, and ability.
(3) Seniority.
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 › 4-15-2.2-41. Recall After Lay Off

Sec. 41. (a) As used in this section, "state seniority" means the length of an employee's unbroken, continuous state employment.
(b) A former employee in the state civil service system has a right of recall to the classification from which the employee was laid off. Recall rights under this section are to positions under the same appointing authority and in the same or a contiguous county from which a former employee was laid off.
(c) A former employee must assert in a timely manner the claim of entitlement to recall in response to the official posting of a vacancy.
(d) A recall under this section is contingent upon the former employee having the knowledge, skill, and ability to perform the duties of the position for which the former employee is applying.
(e) The appointing authority shall recall former employees in the order of the employees' service ratings. In the event of a tie in service ratings, the right to recall is determined by state seniority. If there is a tie in state seniority, the former employee with the highest number comprised of the last four (4) digits of the employee's Social Security number is the employee recalled.
(f) The right to recall under this section expires on the earlier of:
(1) one (1) year after date the employee is laid off; or
(2) the date the employee is reemployed in a permanent position.
(g) For state seniority purposes, an employee who becomes reemployed within one (1) year after the date the employee is laid off is considered to have unbroken, continuous state employment, except that the time that the employee spent in out-of-pay status as a result of the layoff must be deducted from the employee's total seniority.
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 › 4-15-2.2-43. Retirement Benefits

Sec. 43. (a) An employee covered by this chapter:
(1) is eligible for;
(2) must participate in; and
(3) receives the benefits of;
the public employees' retirement fund under IC 5-10.2 and IC 5-10.3.
(b) An employee holding an hourly, temporary, or intermittent appointment:
(1) is not eligible to become a member of the public employees' retirement fund; and
(2) does not earn creditable service for purposes of the public employees' retirement fund for service in those positions.
(c) Notwithstanding any contrary provision, an employee who served in an intermittent form of temporary employment after June 30, 1986, and before July 1, 2003, shall receive creditable service for the period of intermittent employment.
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 › 4-15-2.2-44. Equal Opportunity Requirements

Sec. 44. (a) An officer or employee implementing or administering this chapter may not consider the gender or the political, religious, or racial characteristics of a classified employee.
(b) A classified employee may not be compelled to make political contributions or participate in any form of political activity.
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 › 4-15-2.2-45. Resignation; Election to Public Office

Sec. 45. (a) This section does not apply to precinct committeemen, state or national party convention delegates, or candidates for these party positions.
(b) A classified employee who is elected to a federal or state public office is considered to have resigned from state service on the date the person takes office.
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 › 4-15-2.2-46. Prohibition on False Statements and Fraud Related to Employment or Administration of Civil Service System

Sec. 46. A person may not:
(1) make a false statement, certificate, mark, rating, or report in connection with an appointment under this chapter; or
(2) commit or attempt to commit in any manner fraud that prevents the impartial implementation or administration of this chapter or rules adopted 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 › 4-15-2.2-47. Prohibition on Accepting or Soliciting Benefit for Appointment or Promotion of Employee

Sec. 47. A person may not, directly or indirectly, give, render, pay, offer, solicit, or accept money, service, or other valuable consideration:
(1) for, or in connection with, an appointment, a proposed appointment, a promotion, or a proposed promotion to; or
(2) to obtain any advantage in;
a position in the state classified 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 › 4-15-2.2-48. Powers; Administration of Oaths; Subpoenas; Examinations; Production of Records

Sec. 48. (a) For the purpose of enforcing this chapter, the director and authorized employees of the department have authority to:
(1) administer oaths;
(2) conduct examinations;
(3) subpoena witnesses; and
(4) require:
(A) the attendance of witnesses; and
(B) the production of books, records, and papers;
at any reasonable place.
(b) The director must sign all subpoenas issued under this section.
(c) The circuit or superior court of a county shall compel obedience to subpoenas and requests for the production of books, records, and papers issued under this section, upon a verified written application by the person conducting the examination, ten (10) days notice to the person whose testimony or production is sought, and a showing of the probability of any of the following:
(1) The books, records, and papers are material to the examination.
(2) The witness has information that is material to the examination.
(d) It is unlawful to fail to:
(1) appear in response to a subpoena;
(2) answer questions; or
(3) produce books or papers;
in connection with an investigation or hearing under this chapter.
(e) It is unlawful to knowingly give false testimony at an investigation or hearing 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 › 4-15-2.2-49. Grounds for Dismissal; Failure to Appear; Failure to Testify

Sec. 49. The refusal or failure of an employee in the state classified service to do any of the following is sufficient grounds for the employee's dismissal by the appointing authority:
(1) The employee willfully refuses or fails to appear before:
(A) a court or judge;
(B) a legislative committee; or
(C) an officer, board, or body authorized to conduct a hearing or inquiry.
(2) After making an appearance, the employee refuses to testify or answer questions relating to:
(A) the affairs or government of the state; or
(B) the conduct of any officer or employee.
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 › 4-15-2.2-50. Agreements to Provide Services to Political Subdivision

Sec. 50. The director may enter into an agreement with a political subdivision (as defined in IC 36-1-2-13) to furnish services related to or involving the administration of the political subdivision's personnel system. The agreement must provide for the reimbursement to the state of the reasonable cost, as determined by the director, of the services and facilities furnished. All political subdivisions are authorized to enter into such agreements.
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 › 4-15-2.2-51. Construction; Effect of Law on Grants

Sec. 51. This chapter may not be construed so as to result in the delay or stoppage of grants-in-aid to the state by agencies of the federal government.
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 › 4-15-2.2-52. References to Predecessor Agency or Law

Sec. 52. (a) Any reference or cross-reference to the state personnel department in the Indiana Code shall be treated after June 30, 2011, as a reference or cross-reference to the department.
(b) Any reference or cross-reference to IC 4-15-1.8 or IC 4-15-2 shall be treated after June 30, 2011, as a reference or cross-reference to 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 5.9. Biweekly Payroll Payments › 4-15-5.9-1. Procedure

Sec. 1. (a) Notwithstanding any other law, rule, or custom, the auditor of state shall issue payroll warrants or authorizations for electronic funds transfer under IC 4-13-2-7 to all state employees on a biweekly basis, so that the employees shall receive payment on the same day of the week, in alternate weeks. The auditor may provide for staggering of payrolls so that payment in the required manner can be effectively made, in accordance with this chapter.
(b) Should a fiscal year terminate during any biweekly payroll period, that portion of the payroll warrant or authorization representing compensation for services performed during the terminated fiscal year shall be charged against the appropriations for that fiscal year and that portion of the payroll warrant representing compensation for services performed subsequent to the terminated fiscal year shall be charged against the appropriations for the new fiscal year.
Formerly: Acts 1971, P.L.23, SEC.1; Acts 1972, P.L.11, SEC.1. As amended by P.L.23-1985, SEC.3.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 5.9. Biweekly Payroll Payments › 4-15-5.9-2. Deposit of Compensation in Employee's Account in a Financial Institution; Written Request by Employee

Sec. 2. (a) A state employee may make a written request that any compensation due from the state be deposited to the employee's account in a financial institution. Upon receipt of the request, the auditor of state may:
(1) draw a warrant in favor of the financial institution set forth in the request for the credit of the employee;
(2) in the event more than one (1) employee of the state designates the same financial institution, draw a single warrant in favor of the financial institution for the total amount due the employees and transmit the warrant to the financial institution identifying each employee and the amount to be deposited in each employee's account; or
(3) make a direct deposit to the bank or trust company by electronic funds transfer under IC 4-13-2-7.
(b) The employee's written request shall authorize in advance the direct deposit by warrant or electronic funds transfer of the employee's earnings each time a payroll warrant or electronic funds transfer is issued on the employee's behalf. The employee's written authorization must designate a financial institution and an account number to which the payment is to be credited. The employee's authorization remains in effect until the employee revokes it in writing.
As added by P.L.23-1985, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10. State Employees' Bill of Rights › 4-15-10-1. Definitions

Sec. 1. As used in this chapter:
"Agency" means any state administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, service, or other similar body of state government created or established by law. However, the term does not include state colleges and universities.
"Appointing authority" means the individual or group of individuals who have the power by law or by lawfully delegated authority to make appointment to a position in an agency.
"Employee" means an employee of an agency except an elected official.
"Supervisor" means an individual who oversees the daily activity of an employee.
As added by Acts 1981, P.L.36, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10. State Employees' Bill of Rights › 4-15-10-2. Political Activities

Sec. 2. Except when on duty or acting in an official capacity and except where otherwise provided by state or federal law, no employee shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity.
As added by Acts 1981, P.L.36, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10. State Employees' Bill of Rights › 4-15-10-4. Protection of Employees Reporting Violations of State or Federal Laws

Sec. 4. (a) Any employee may report in writing the existence of:
(1) a violation of a federal law or regulation;
(2) a violation of a state law or rule;
(3) a violation of an ordinance of a political subdivision (as defined in IC 36-1-2-13); or
(4) the misuse of public resources;
to a supervisor or to the inspector general.
(b) For having made a report under subsection (a), the employee making the report may not:
(1) be dismissed from employment;
(2) have salary increases or employment related benefits withheld;
(3) be transferred or reassigned;
(4) be denied a promotion the employee otherwise would have received; or
(5) be demoted.
(c) Notwithstanding subsections (a) and (b), an employee must make a reasonable attempt to ascertain the correctness of any information to be furnished and may be subject to disciplinary actions for knowingly furnishing false information, including suspension or dismissal, as determined by the employee's appointing authority, the appointing authority's designee, or the ethics commission. However, any state employee disciplined under this subsection is entitled to process an appeal of the disciplinary action under the procedure as set forth in IC 4-15-2.2-42.
(d) An employer who violates this section is subject to criminal prosecution under IC 35-44.2-1-1.
As added by Acts 1981, P.L.36, SEC.2. Amended by P.L.17-1984, SEC.1; P.L.32-1987, SEC.1; P.L.5-1988, SEC.25; P.L.9-1990, SEC.11; P.L.222-2005, SEC.21; P.L.6-2012, SEC.13; P.L.126-2012, SEC.12.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10. State Employees' Bill of Rights › 4-15-10-5. Exercise of Rights; Penalties Prohibited

Sec. 5. No employee shall suffer a penalty or the threat of a penalty because the employee exercised the employee's rights under this chapter.
As added by Acts 1981, P.L.36, SEC.2. Amended by P.L.215-2016, SEC.87.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10. State Employees' Bill of Rights › 4-15-10-6. Limitation of Rights and Remedies Prohibited

Sec. 6. Nothing in this chapter shall disparage, impair, or limit any other right or legal remedy of an employee.
As added by Acts 1981, P.L.36, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10. State Employees' Bill of Rights › 4-15-10-7. Volunteer Firefighting Activity

Sec. 7. (a) An employee may not be disciplined for absence from work if:
(1) the employee is a member of a volunteer fire department under IC 36-8-12;
(2) the employee has notified the employee's immediate supervisor in writing that the employee is a member of a volunteer fire department;
(3) the employee presents a written statement to the employee's immediate supervisor from the chief or other officer in charge of the volunteer fire department that the employee was engaged in emergency firefighting activity at the time of the employee's absence from work; and
(4) the employee secures authorization from the employee's supervisor to leave the employee's duty station if the employee has already reported for work.
(b) An employee who:
(1) is a member of a volunteer fire department under IC 36-8-12; and
(2) is injured while the employee is engaged in emergency firefighting or other emergency response;
may not be disciplined as a result of the injury or an absence from work because of the injury if the employee complies with subsections (a) and (c). However, for each instance of emergency firefighting activity or other emergency response that results in an injury to an employee, this subsection applies only to the period of the employee's absence from work that does not exceed six (6) months from the date of the injury.
(c) The immediate supervisor of an employee described in subsection (b) may require the employee to provide evidence from a physician or other medical authority showing:
(1) treatment for the injury at the time of the absence; and
(2) a connection between the injury and the employee's emergency firefighting or other emergency response activities.
(d) To the extent required by federal or state law, information obtained under subsection (c) by an immediate supervisor must be:
(1) retained in a separate medical file created for the employee; and
(2) treated as a confidential medical record.
(e) The state personnel department shall administer an absence from employment under subsection (b) in a manner consistent with the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), as amended and in effect on January 1, 2009.
As added by Acts 1982, P.L.26, SEC.1. Amended by P.L.1-1999, SEC.4; P.L.63-2009, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10. State Employees' Bill of Rights › 4-15-10-8. Civil Air Patrol Emergency Service Operations

Sec. 8. (a) For purposes of this section, "civil air patrol" refers to the Indiana wing of the civil air patrol.
(b) For purposes of this section, "emergency service operation" includes the following operations of the civil air patrol:
(1) Search and rescue missions designated by the Air Force Rescue Coordination Center.
(2) Disaster relief, when requested by the Federal Emergency Management Agency or the department of homeland security established by IC 10-19-2-1.
(3) Humanitarian services, when requested by the Federal Emergency Management Agency or the department of homeland security established by IC 10-19-2-1.
(4) United States Air Force support designated by the First Air Force, North American Aerospace Defense Command.
(c) An employee may not be disciplined for absence from work if:
(1) the employee is a member of the civil air patrol;
(2) the employee has notified the employee's immediate supervisor in writing that the employee is a member of the civil air patrol;
(3) in the event that the employee has already reported for work on the day of the emergency service operation, the employee secures authorization from the employee's supervisor to leave the employee's duty station before leaving to engage in the emergency service operation; and
(4) the employee presents a written statement to the employee's immediate supervisor from the commander or other officer in charge of the civil air patrol indicating that the employee was engaged in an emergency service operation at the time of the employee's absence from work.
As added by P.L.10-2007, SEC.1. Amended by P.L.1-2009, SEC.10.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10.5. Office of Administrative Law Proceedings › 4-15-10.5-1. Application of Chapter

Sec. 1. (a) Beginning July 1, 2020, this chapter applies when an agency is required to assign, appoint, or otherwise make use of an individual to act in the capacity of an administrative law judge to preside over administrative proceedings to review a disputed agency action for the agency.
(b) Except as provided in subsection (c) and section 2 of this chapter, this chapter applies to each state agency that has the authority to employ or engage one (1) or more administrative law judges to adjudicate contested cases.
(c) This chapter does not apply to an agency that uses a board or commission to act in the capacity of an administrative law judge to preside over administrative proceedings, and should not be construed as limiting an agency's ability to use its board or commission to act in the capacity of an administrative law judge to preside over administrative proceedings to review a disputed agency action for the agency.
As added by P.L.205-2019, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10.5. Office of Administrative Law Proceedings › 4-15-10.5-2. Entities to Which the Chapter Does Not Apply

Sec. 2. This chapter does not apply to:
(1) the department of workforce development;
(2) the unemployment insurance review board of the department of workforce development;
(3) the worker's compensation board of Indiana;
(4) the Indiana utility regulatory commission;
(5) the department of state revenue;
(6) the department of local government finance;
(7) the Indiana board of tax review;
(8) the natural resources commission;
(9) the office of environmental adjudication;
(10) the Indiana education employment relations board;
(11) the state employees appeals commission; or
(12) before July 1, 2022, any other agency or category of proceeding determined by the governor to be exempt from this chapter for good cause.
As added by P.L.205-2019, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10.5. Office of Administrative Law Proceedings › 4-15-10.5-3. "Administrative Law Judge"

Sec. 3. As used in this chapter, "administrative law judge" means an individual who presides over an administrative proceeding that results in a finding of fact determining the legal rights, duties, or privileges of a party after an opportunity for an evidentiary hearing.
As added by P.L.205-2019, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10.5. Office of Administrative Law Proceedings › 4-15-10.5-4. "Agency"

Sec. 4. As used in this chapter, "agency" means an authority, board, branch, bureau, commission, committee, council, department, division, office, service, or other instrumentality of the executive, including the administrative, department of state government. The term does not include any of the following:
(1) Any body corporate and politic set up as an instrumentality of the state.
(2) Any private, nonprofit, government related corporation.
(3) The judicial department of state government.
(4) The legislative department of state government.
(5) A state educational institution.
(6) A political subdivision.
As added by P.L.205-2019, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10.5. Office of Administrative Law Proceedings › 4-15-10.5-6. "Office"

Sec. 6. As used in this chapter, "office" means the office of administrative law proceedings established by section 7 of this chapter. The term includes the director.
As added by P.L.205-2019, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10.5. Office of Administrative Law Proceedings › 4-15-10.5-9. Provision of Office, Rooms, and Staff

Sec. 9. The state personnel department shall provide offices, rooms, and staff assistance to the director for the office.
As added by P.L.205-2019, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10.5. Office of Administrative Law Proceedings › 4-15-10.5-10. Duties of Director

Sec. 10. The director shall do the following:
(1) Hire or contract with administrative law judges and other employees as necessary to carry out the purposes of this chapter.
(2) Assign administrative law judges from the office to preside over administrative proceedings.
(3) Adopt rules under IC 4-22-2 establishing a code of judicial conduct for administrative law judges. The code of judicial conduct for administrative law judges applies to each person acting as an administrative law judge for the office. The director may adopt emergency rules in the manner provided under IC 4-22-2-37.1 to implement a code of judicial conduct for administrative law judges.
(4) Receive complaints alleging violations of the code of judicial conduct for administrative law judges, investigate the complaints, and take administrative or disciplinary action as deemed appropriate and warranted.
(5) Establish and administer a program to train and educate administrative law judges.
(6) Require all administrative law judges for the office to annually complete a number of hours of training and education determined by the director.
(7) Provide and coordinate education for administrative law judges on the code of judicial conduct for administrative law judges, professionalism, administrative practices, and other subjects necessary to carry out the purposes of this chapter.
(8) Render advisory opinions to administrative law judges concerning the code of judicial conduct for administrative law judges. Information and advice contained in an advisory opinion are considered:
(A) specific to the person who requests the opinion and to the facts presented; and
(B) confidential records under IC 5-14-3-4(b)(6).
(9) Consult with agency heads on hiring and performance evaluations of administrative law judges for the agencies of the agency heads.
As added by P.L.205-2019, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10.5. Office of Administrative Law Proceedings › 4-15-10.5-11. Contracts; Rules

Sec. 11. The office may:
(1) enter into contracts or agreements; and
(2) adopt rules under IC 4-22-2;
necessary to carry out the purposes of this chapter.
As added by P.L.205-2019, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10.5. Office of Administrative Law Proceedings › 4-15-10.5-12. Jurisdiction; Authority

Sec. 12. (a) Beginning July 1, 2020, and except as provided in sections 1 and 2 of this chapter, the office has jurisdiction over all administrative proceedings concerning agency administrative actions under:
(1) IC 4-21.5; or
(2) any other statute that requires or allows the office to take action.
(b) Notwithstanding anything in this chapter or any other statute to the contrary:
(1) the office shall not be considered the ultimate authority in any administrative proceeding; and
(2) a decision by the office in an administrative proceeding is not a final agency action;
unless expressly designated by the agency. This subsection may not be construed as preventing the rescission of an agency's delegation.
As added by P.L.205-2019, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10.5. Office of Administrative Law Proceedings › 4-15-10.5-13. Assigning Administrative Law Judges; Considerations

Sec. 13. (a) The director shall assign one (1) or more administrative law judges to:
(1) one (1) or more agencies to handle all administrative proceedings filed with that agency or agencies; or
(2) preside over any administrative proceeding filed within an agency.
(b) When assigning an administrative law judge to an agency or an administrative proceeding, the director shall consider an administrative law judge's experience, technical competence, and specialized knowledge.
As added by P.L.205-2019, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10.5. Office of Administrative Law Proceedings › 4-15-10.5-14. Procedures

Sec. 14. (a) The procedures of the office in an administrative proceeding are governed by:
(1) IC 4-21.5; or
(2) if IC 4-21.5 does not apply, any other statute that governs an agency's administrative proceedings.
(b) The office shall render its decisions in writing.
As added by P.L.205-2019, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 10.5. Office of Administrative Law Proceedings › 4-15-10.5-15. Qualifications of Administrative Law Judges

Sec. 15. (a) Except as provided in subsection (b), an administrative law judge employed by the office must be:
(1) a citizen of Indiana; and
(2) an attorney in good standing admitted to the practice of law in Indiana.
(b) An individual who does not meet the requirement under subsection (a)(2) but who served as an administrative law judge for an agency in Indiana before May 1, 2019, may be employed by the office as an administrative law judge.
As added by P.L.205-2019, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 11. Legal Defense of State Employees › 4-15-11-1. "Officer or Employee of the State"

Sec. 1. As used in this chapter, "officer or employee of the state" means the following:
(1) An elected official or employee of a state administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, service, or other similar body of state government created or established by law.
(2) A teacher (as defined in IC 20-18-2-22).
The term does not include an employee of a state educational institution.
As added by P.L.33-1987, SEC.1. Amended by P.L.16-1990, SEC.2; P.L.1-2005, SEC.63; P.L.2-2007, SEC.46.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 11. Legal Defense of State Employees › 4-15-11-2. Representation by Attorney General or Appointed Counsel

Sec. 2. An officer or employee of the state who is charged with a crime or infraction in the courts of this state or of the United States or who is the target of a grand jury investigation may not be represented in those proceedings by the attorney general or by counsel appointed or provided by the attorney general.
As added by P.L.33-1987, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 11. Legal Defense of State Employees › 4-15-11-3. Reimbursement of Expenses; Applications; Approval; Payment

Sec. 3. (a) An officer or employee of the state who is charged with a crime or infraction relating to that individual's acts as an officer or employee may apply to the budget agency for reimbursement of reasonable expenses incurred in the officer's or employee's defense against those charges if all charges have been dismissed or if the officer or employee has been found not guilty of the charges.
(b) An officer or employee of the state who is the target of a grand jury investigation relating to that individual's acts in carrying out the individual's responsibilities as an officer or employee of the state may apply to the budget agency for reimbursement of reasonable expenses incurred by the officer or employee resulting from the grand jury investigation if the grand jury fails to indict the officer or employee.
(c) The budget agency may approve reimbursement of reasonable expenses under this section if:
(1) the officer or employee who was charged with a crime or infraction or who was the target of a grand jury investigation retained counsel; and
(2) the expenses for which reimbursement is sought are reasonable.
(d) Reimbursement payments approved under this section shall be paid from the state general fund.
As added by P.L.33-1987, SEC.1. Amended by P.L.9-2022, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 11. Legal Defense of State Employees › 4-15-11-4. Reimbursement of Expenses; Hearing; Questioning of Officer or Employee

Sec. 4. The budget agency may act on an application of an officer or employee for reimbursement under this chapter without a prior hearing. The budget agency may require an officer or employee seeking reimbursement to answer questions under oath and provide any information in connection with the matters that were the subject of the investigation or charges.
As added by P.L.33-1987, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 11. Legal Defense of State Employees › 4-15-11-6. Subrogation

Sec. 6. The state has a right of subrogation in the amount of the reimbursement for the proceeds of any monetary judgment recovered by the officer or employee in an action for false arrest, abuse of process, or malicious prosecution or any other proceeding arising out of the matters involved in the criminal charges or the proceedings to enforce a statute defining an infraction.
As added by P.L.33-1987, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 12. Affirmative Action Office › 4-15-12-1. Definitions

Sec. 1. As used in this chapter:
"Affected class" means:
(1) minorities;
(2) women;
(3) persons with disabilities; and
(4) persons forty (40) years of age and older.
"Affirmative action policy" means the state's affirmative action policy established in section 2 of this chapter.
"Persons with disabilities" means all persons who by reason of physical or mental disability are unable to achieve full vocational participation.
"Minorities" means persons identified as Blacks, Native Americans, Asian Americans, and Hispanics.
"Office" means the Indiana affirmative action office created by this chapter.
"State agency" means any department, agency, commission, division, authority, board, bureau, or office of the state under the executive authority of the governor, except any state educational institution.
"Underutilization" means having fewer members of an affected class in a particular job category and classification than would be reasonably expected by their availability in the labor market for that job category and classification.
As added by P.L.12-1983, SEC.11. Amended by P.L.23-1993, SEC.2; P.L.2-2007, SEC.47; P.L.99-2007, SEC.9.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 12. Affirmative Action Office › 4-15-12-2. Policy of State

Sec. 2. The state is committed to an affirmative action policy that includes the establishment of employment policies and conditions that ensure the elimination of underutilization of qualified members of affected classes and the elimination of discrimination on the basis of race or color, religion, national origin or ancestry, age, sex, and disability.
As added by P.L.12-1983, SEC.11. Amended by P.L.23-1993, SEC.3.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 12. Affirmative Action Office › 4-15-12-3. Indiana Affirmative Action Office; Creation; Director's Duties

Sec. 3. There is created within the state personnel department the Indiana affirmative action office. The director of the department shall:
(1) appoint an affirmative action officer who shall direct the office; and
(2) employ the additional personnel necessary to carry out the functions of the office, which personnel are governed by IC 4-15-2.2.
As added by P.L.12-1983, SEC.11. Amended by P.L.6-2012, SEC.14.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 12. Affirmative Action Office › 4-15-12-4. Duties of Officer

Sec. 4. In addition to the authority conferred upon the office by other sections of this chapter, the affirmative action officer shall:
(1) establish annually with each state agency reasonable affirmative action goals, determine whether good faith efforts have been made to reach the established goals, and provide technical assistance to each agency in developing the detailed program needed to reach the goals;
(2) assist in training activities by state and other agencies in accordance with the affirmative action policy;
(3) conduct affirmative action training for state agency appointing authorities, personnel officers, and affirmative action expediters; and
(4) provide technical assistance in the area of affirmative action to state agencies for supervisory training and new employee orientation.
As added by P.L.12-1983, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 12. Affirmative Action Office › 4-15-12-5. State Agencies; Plans and Policy Statements; Review and Approval; Expediter

Sec. 5. (a) Each state agency shall annually establish an affirmative action plan to implement the affirmative action policy. The affirmative action officer may permit a state agency with a small number of employees to submit an affirmative action policy statement indicating its commitment to affirmative action, in lieu of establishing a plan. The affirmative action officer shall review and approve or disapprove each plan or statement for effectiveness and compliance with the affirmative action policy.
(b) Each state agency shall designate an affirmative action expediter for the agency to act under the supervision of the appointing authority.
As added by P.L.12-1983, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 15. Personnel Administration › Chapter 12. Affirmative Action Office › 4-15-12-7. Duties of Director of State Personnel Department

Sec. 7. The director of the state personnel department shall:
(1) create an overall affirmative action plan for all state agencies;
(2) make changes in personnel procedures, rules, and programs in support of the affirmative action policy;
(3) provide expeditiously such applicant and employee data and information as may be requested by the affirmative action officer; and
(4) report at least annually to the governor:
(A) the state agencies that have approved affirmative action plans and those that do not have approved affirmative action plans; and
(B) the progress made by state agencies in achieving affirmative action goals and whether that progress is satisfactory or unsatisfactory.
As added by P.L.12-1983, SEC.11.