reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 4 - Procedures Governing Denial of Application for Certification or Revocation of Certification as an MBE or a WBE › Section 4-1 - Revocation of an enterprise's certification as an MBE or a WBE

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 5-22
Sec. 1.
(a) This
				section establishes standards for processing a complaint issued to a challenged
				enterprise concerning the possible revocation of its certification.
(b) Requirements for ineligibility complaints
				are as follows:
(1) Any person may file with
				the department a written complaint:
(A)
				alleging that a currently certified enterprise is ineligible; and
(B) specifying the alleged reasons why the
				enterprise is ineligible.
The department is not required to accept a general allegation
				  that an enterprise is ineligible or an anonymous complaint. The complaint may
				  include any information or arguments supporting the complainant's assertion
				  that the enterprise is ineligible and should not continue to be
				  certified.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 4 - Procedures Governing Denial of Application for Certification or Revocation of Certification as an MBE or a WBE › Section 4-2 - Review of determinations by the department regarding certification as an MBE or a WBE

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC
				  4-21.5-3-5;
				  IC 5-22
Sec. 2.
(a) An
				enterprise:
(1) whose application for
				certification as an MBE or a WBE has been denied; or
(2) to which the department has issued an
				order to show cause why its MBE or WBE certification should not be revoked;
				shall be given notice of such action and shall be entitled to petition for
				review under the Indiana Administrative Orders and Procedures Act, IC 4-21.5,
				et seq.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 5 - MBE/WBE Participation in Procurement and Contracting; Prime Contractors › Section 5-1 - Policy; procurement and contracting

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC
				  4-13-1.3-3;
				  IC 4-13.6; IC 5-22
Sec. 1.
(a) It is the
				policy of the state to provide an equal opportunity for minority and women's
				business enterprises to participate in the state's procurement and contracting
				processes as prime contractors.
(b)
				Pursuant to IC
				4-13-1.3-3,
				the department may delegate its authority to a state agency.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 5 - MBE/WBE Participation in Procurement and Contracting; Prime Contractors › Section 5-2 - Activities to achieve participation

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 5-22
Sec. 2.
The department shall perform activities to provide minority
				  and women's business enterprises the opportunity to participate in the state's
				  award of purchases and contracts.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 5 - MBE/WBE Participation in Procurement and Contracting; Prime Contractors › Section 5-3 - Outreach and assessment

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 5-22
Sec. 3.
(a) The
				department shall perform activities to outreach to minority and women's
				business enterprises. The department shall assess where and when the programs
				are most valuable to these enterprises.
(b) The department shall provide information
				on qualifications necessary for enterprises to compete for bid
				opportunities.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 5 - MBE/WBE Participation in Procurement and Contracting; Prime Contractors › Section 5-4 - Promoting MBE/WBE participation as prime contractors

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 5-22
Sec. 4.
The department shall provide and promote opportunities for
				  minorities and women to participate in procurement and contracting
				  opportunities as prime vendors.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 5 - MBE/WBE Participation in Procurement and Contracting; Prime Contractors › Section 5-5 - Monitoring MBE/WBE participation as prime contractors

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6-4; IC 4-13.6-5; IC 5-22
Sec. 5.
(a) In
				monitoring MBE/WBE participation in prime contract awards, the department shall
				do the following as it pertains to procurement and contracting at the agency
				level pursuant to IC 4-13.6-4 and IC 4-13.6-5:
(1) Establish a standard method to record
				solicitations of these procurements.
(2) The agency shall provide the department
				with such information as the department deems reasonably necessary to carry out
				the purposes of this rule, including:
(A)
				Information on the contractors contacted, including name, address, telephone
				number, fax, and e-mail.
(B) The
				contractor's ethnicity and gender.
(C) Whether or not the contractor is a small
				business.
(D) Whether or not the
				contractor is new to the state's procurement process.
(E) The contractor's bid amount (or that the
				contractor chose not to bid).
(F)
				The person completing the form.
(G)
				The personnel responsible for the solicitation.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 5 - MBE/WBE Participation in Procurement and Contracting; Prime Contractors › Section 5-6 - Reporting MBE and WBE participation as prime contractors

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC
				  4-13-16.5-1; IC
				  4-13.6; IC 5-22
Sec. 6.
All state agencies, as defined in IC
				  4-13-16.5-1, shall
				  report to the department its award of prime contracts to MBEs and WBEs on a
				  quarterly basis. The form of the report shall be in compliance with policies
				  and procedures of the department.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 6 - MBE and WBE Participation in Procurement and Contracting; Subcontractors › Section 6-1 - Promoting MBE and WBE participation as subcontractors

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC
				  4-13-1.3-3;
				  IC 4-13.6; IC 5-22
Sec. 1.
(a) The
				department shall provide and promote opportunities for minorities and women to
				participate in procurement and contracting opportunities as
				subcontractors.
(b) Pursuant to IC
				4-13-1.3-3,
				the department may delegate its authority to a state agency.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 6 - MBE and WBE Participation in Procurement and Contracting; Subcontractors › Section 6-2 - Monitoring MBE and WBE participation as subcontractors

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 5-22
Sec. 2.
(a) In
				monitoring the participation of MBEs or WBEs as subcontractors, the department
				shall conduct preproject meetings with all subcontractors and prime
				contractors. The department shall determine which projects will require a
				preproject meeting. Items of discussion at the meeting shall include, but may
				not be limited to, the following:
(1)
				Subcontractors will learn when their services are likely to be
				needed.
(2) The department will:
(A) explain the state's prompt payment
				program;
(B) provide a review of
				MBE/WBE program requirements; and
(C) explain the state's nondiscrimination and
				antidiscrimination laws.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 6 - MBE and WBE Participation in Procurement and Contracting; Subcontractors › Section 6-3 - Reporting MBE and WBE participation as subcontractors

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC
				  4-13-16.5-1; IC
				  4-13.6; IC 5-22
Sec. 3.
(a) In
				addition to requirements mentioned in other areas of the part, prime
				contractors shall be required to report all subcontractor participation, that
				is, MBE/WBE-certified subcontractors and non-MBE/WBE certified subcontractors.
				The report shall include, but may not be limited to, the following:
(1) Company name, address, telephone number,
				fax, and e-mail.
(2) Owner's name,
				gender, and type of qualifying membership.
(3) Name of contact person employed by the
				enterprise.
(4) Work the enterprise
				will perform and the approximate date when the subcontractors' work will
				commence (individually).
(5)
				Contract amount for services to be performed (individually).
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 6 - MBE and WBE Participation in Procurement and Contracting; Subcontractors › Section 6-4 - Procedure for subcontractor bid submission

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 5-22
Sec. 4.
(a) In a case
				where the bidder has arranged to subcontract one hundred percent (100%) or more
				of the subcontractor goal to MBEs and WBEs, a completed MBE/WBE subcontractor
				plan shall be submitted along with the other required bid documents.
(1) All MBE and WBE subcontractors must be
				validated by the department prior to the award of the contract. The completed
				plan shall include the following information:
(A) Name of the enterprise to be
				employed.
(B) Phone number of the
				enterprise.
(C) Name of a contact
				person from the enterprise.
(D)
				Work the enterprise will perform and the approximate date when the MBEs work
				will commence.
(E) Contract amount
				for services that will be performed.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 7 - Compliance › Section 7-1 - Policy

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC
				  4-13-16.5-1; IC
				  4-13.6; IC 5-22
Sec. 1.
(a) The
				results of a Statistical Analysis of Utilization, conducted in accordance with
				IC
				4-13-16.5-1, will
				determine the availability of qualifying minority and women's business
				enterprises in the marketplace.
(b)
				Should the Statistical Analysis of Utilization find statistically significant
				disparities in state contractual expenditures in specifically defined areas, as
				compared to the ready, willing, and able minority and women's business
				enterprises in the state, the department shall institute goals for procurement
				and contracting to remedy the disparate findings of the study.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 7 - Compliance › Section 7-2 - Parties to whom this rule applies

Current through July 10, 2024
Authority: IC 4-13-1-4; IC 4-13-1-7; IC 4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13-16.5-1; IC 4-13.6; IC
				  5-22
Sec. 2.
(a) This rule
				applies to all state agencies defined in IC 4-13-16.5-1 and
				25 IAC
				5-2-1(a)(19).
(b) This rule does not apply to state
				agencies whose purchases and contracts are not addressed in an applicable
				Statistical Analysis of Utilization. However, such state agencies shall provide
				reports to the department of MBE and WBE procurement and contracting. This
				information shall be incorporated as data for the next Statistical Analysis of
				Utilization. The state agency shall not be exempt from that point forward.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 7 - Compliance › Section 7-3 - Goal setting

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC
				  4-13-16.5-1; IC
				  4-13.6; IC 5-22
Sec. 3.
(a) The goal
				setting shall be subject to the following provisions:
(1) The goals shall be updated annually,
				during the month of March, to go into effect July 1 of the same year.
(2) The goals shall reflect current
				utilization and availability.
(3)
				The goals will apply to procurements and contracts as awarded, and to change
				orders, amendments, and other modifications to the contract, which affect
				contract value.
(4) In accordance
				with IC
				4-13-16.5-1, the
				findings of discrimination shall be updated, and the continuance of the goals
				shall be subject to the results of that review.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 7 - Compliance › Section 7-5 - Application for MBE/WBE program waiver

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 5-22
Sec. 5.
(a) In cases
				where the contractor is unable to meet the project goal, the contractor may
				petition the department for relief from that goal by filing an application for
				MBE/WBE program waiver. The application for MBE/WBE program waiver shall show
				all reasonable good faith efforts that were made by the contractor for the
				purpose of fulfilling the project goal. Such reasonable efforts shall include,
				but may not be limited to, the following:
(1)
				Documentation of direct contact or negotiations with MBEs and WBEs for specific
				contracting opportunities, the actions taken shall be reported in a manner that
				will include the following items:
(A) A
				detailed statement of the efforts made to negotiate with MBEs and WBEs,
				including the following:
(i) The names,
				addresses, and telephone numbers of MBEs and WBEs contacted.
(ii) A detailed statement of the reason why
				prospective agreements were not reached.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 7 - Compliance › Section 7-6 - Grant of waiver from project goal

Current through July 10, 2024
Authority: IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-16.5; IC 5-16-6.5; IC
				  22-9-1-10
Sec. 6.
Upon review and analysis of the documentation supplied to
				  the department by the contractor, a determination will be made and the
				  contractor will be promptly notified of the results. Such results may include
				  the following:
(1) Notification that
				the contractor has been granted a waiver from the project goal and has been
				authorized to proceed without any MBE or WBE participation on the
				contract.
(2) Notification that the
				contractor has been granted a partial waiver from the project goal and has been
				authorized to proceed when MBE and WBE participation is greater than zero (0),
				but less than the project goal.
(3)
				Notification that further information will be required before a final
				determination may be made.
(4)
				Notification that the application for MBE/WBE program waiver has not been
				granted. In such a case, the following action may result:
(A) The contractor may be required to provide
				further information.
(B) The
				contractor's bid may be rejected.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 7 - Compliance › Section 7-7 - Appeals process for bid rejection or denial of waiver

Current through July 10, 2024
Authority: IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-16.5; IC 5-16-6.5; IC
				  22-9-1-10
Sec. 7.
(a) Upon
				notification that the application for MBE program waiver has been denied, the
				contractor may request a hearing with the MBE compliance review committee. The
				request for the hearing shall be directed to:
M/WBE Compliance Review Committee
c/o Indiana Department of Administration
Indiana Government Center-South
402 West Washington Street
Indianapolis, Indiana 46204.
(b) In the appeals process, the committee
				shall be responsible for the following activities:
(1) Arrange a time and place to hear the
				contractor's appeal within five (5) working days of the date of the receipt of
				the contractor's request for the hearing.
(2) Provide the contractor with every
				opportunity to present the reason for the appeal.
(3) Review and discuss all of the information
				at hand, including the following:
(A) MBE or
				WBE availability.
(B) The
				contractor's original efforts towards MBE and WBE utilization.
(C) Statements from MBEs or WBEs listed in
				the documentation supplied by the contractor.
(D) The arguments offered by the contractor
				at the hearing.
(4)
				Arrive at a final determination within five (5) working days after the
				conclusion of the appeal hearing.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 7 - Compliance › Section 7-8 - Sanctions; contractors

Current through July 10, 2024
Authority: IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-16.5; IC 5-16-6.5; IC
				  22-9-1-10;
				  IC
				  35-43-5-9
Sec. 8.
(a) In the
				event of a violation of this rule, the department shall notify the contractor
				of the violations and will seek a course of action to correct them. The
				selected course of action may include the recommendation for the imposition of
				sanctions for material breach of contract if any of the following are
				determined:
(1) The contractor has not
				demonstrated a good faith effort to comply with this rule.
(2) The contractor has failed to cooperate in
				providing information regarding its good faith efforts to comply with this
				rule.
(3) The contractor provides
				false or misleading information concerning its minority business enterprise
				contracting activity or in relation to the contractor's good faith efforts to
				comply with this rule.
(4) The
				contractor fails to make prompt payment to a minority business for services,
				materials, or labor, whether with respect to the present contract or a previous
				contract between the contractor and the minority business, unless the
				contractor, in good faith, contests the payment or any part of it. The
				contractor fails to promptly pay the uncontested part to the minority business
				in the event the contractor, in good faith, contests part of a
				payment.
(5) The business
				enterprise provides false or misleading information concerning its status as a
				bona fide entity, which is owned and actively controlled by racial
				minorities.
(6) The contractor
				subjects an MBE or WBE to unlawful discriminatory conduct.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 7 - Compliance › Section 7-9 - Appeals process for violations ruling or sanctions imposed

Current through July 10, 2024
Authority: IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-16.5; IC 5-16-6.5; IC
				  22-9-1-10
Sec. 9.
(a) Upon
				notification of the determination of rules violations or sanctions imposed, the
				contractor may request a hearing before the MBE compliance review committee.
				The request for the hearing of an appeal shall be directed to:
M/WBE Compliance Review Committee
c/o Indiana Department of Administration
Indiana Government Center-South
402 West Washington Street
Indianapolis, Indiana 46204.
(b) In the appeals process, the committee
				shall be responsible for the following activities:
(1) Arrange a time and place to hear the
				contractor's appeal within five (5) working days of the date of the receipt of
				the contractor's request for the hearing.
(2) Provide the contractor with every
				opportunity to present the basis for the appeal.
(3) Review and discuss all of the information
				at hand and the arguments offered by the contractor at the hearing.
(4) Arrive at a final determination within
				five (5) working days after the conclusion of the hearing.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 8 - Commission Members › Section 8-1 - Ethics of commission members

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 5-22
Sec. 1.
Commission members shall abide by all applicable state
				  statutes, administrative rules, policies, and guidelines regarding ethical
				  conduct.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 6 - EXECUTIVE BRANCH LOBBYISTS › Rule 1 - Definitions › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC
				  4-2-8-7
Affected: IC
				  4-2-6-1; IC
				  4-2-6-11.5;
				  IC
				  4-21.5-2-4; IC
				  4-21.5-2-6;
				  IC
				  4-22-2-3; IC
				  5-14-1.5; IC 5-16; IC 5-22; IC 5-23; IC 5-30; IC 8-23; IC
				  36-1-2-13
				  Article 1, Section 31 of the Constitution of the State of Indiana
Sec. 1.
The following definitions apply throughout this
				  article:
(1) "Agency" has the meaning
				set forth in IC
				4-2-6-1.
(2) "Communication" means the exchange of any
				thoughts, messages, or information by:
(A)
				contact in person;
(B)
				telephone;
(C) letter;
(D) telegraph;
(E) facsimile;
(F) electronic mail;
(G) text messaging; or
(H) any other form of electronic transmission
				of information.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 6 - EXECUTIVE BRANCH LOBBYISTS › Rule 2 - Registration Requirements › Section 2-1 - Initial registration statement

Current through July 10, 2024
Authority: IC
				  4-2-8-7
Affected: IC 4-2-6; IC 4-2-7
Sec. 1.
An executive branch lobbyist shall file with the department
				  an initial registration statement on a form approved by the commissioner within
				  fifteen (15) business days of making an executive branch lobbying contact with
				  an agency. An executive branch lobbyist must reregister in each subsequent
				  calendar year within fifteen (15) days of making an executive branch lobbying
				  contact with an agency. The registration statement shall include the following
				  information:
(1) The:
(A) name;
(B) business address;
(C) telephone number;
(D) electronic mail address; and
(E) occupation; of the executive branch
				lobbyist.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 6 - EXECUTIVE BRANCH LOBBYISTS › Rule 2 - Registration Requirements › Section 2-2 - Annual reports

Current through July 10, 2024
Authority: IC
				  4-2-8-7
Affected: IC 4-2-6; IC 4-2-7; IC
				  4-2-8-3;
				  IC
				  4-2-8-4
Sec. 2.
(a) In
				addition to filing an initial registration statement under section 1 of this
				rule, starting in 2007, an executive branch lobbyist shall file with the
				department, not later than January 15, a signed annual report on a form
				approved by the commissioner, which shall include the following information:
(1) The:
(A)
				name;
(B) business
				address;
(C) telephone
				number;
(D) electronic mail
				address; and
(E) occupation; of the
				executive branch lobbyist.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 6 - EXECUTIVE BRANCH LOBBYISTS › Rule 2 - Registration Requirements › Section 2-3 - Amendments; changes in information; notice of termination

Current through July 10, 2024
Authority: IC
				  4-13-1-4.2
Affected: IC
				  4-13-1-4.2
Sec. 3.
(a) If a
				material change occurs in any of the information contained in a registration
				statement, an appropriate amendment shall be filed with the department within
				fifteen (15) days after the change.
(b) Each registered executive branch lobbyist
				shall file a notice of termination with the department within fifteen (15) days
				after the end of the engagement; however, this does not relieve the executive
				branch lobbyist of the reporting requirements of section 2 of this
				rule.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 6 - EXECUTIVE BRANCH LOBBYISTS › Rule 3 - Duties of the Commissioner › Section 3-1 - Duties of the commissioner

Current through July 10, 2024
Authority: IC 4-2-8-7
Affected: IC 4-2-8-5; IC 4-2-8-6; IC 4-21.5-3; IC
				  5-14-3
Sec. 1.
(a) The
				commissioner shall:
(1) prescribe forms for
				the:
(A) initial registration
				statements;
(B) annual
				reports;
(C) amendments;
(D) termination reports; and
(E) other documents; required to be filed
				under this article; and
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 6 - EXECUTIVE BRANCH LOBBYISTS › Rule 4 - Prohibitions › Section 4-1 - Persons barred from executive branch lobbying

Current through July 10, 2024
Authority: IC
				  4-2-8-7
Affected: IC
				  4-2-6-11.5
Sec. 1.
(a) The
				following persons may not be registered as an executive branch lobbyist and are
				prohibited from engaging in executive agency lobbying under this article:
(1) Any individual convicted of a felony for
				violating any law while the individual was an officer or employee of any agency
				or political subdivision.
(2) Any
				person convicted of a felony relating to executive branch lobbying.
(3) Any person convicted of a felony who:
(A) is in prison;
(B) is on probation; or
(C) has been in prison or on probation within
				the past twelve (12) months.
(4) Any person:
(A) whose statement or report required to be
				filed under this article was found to be materially incorrect; and
(B) who has not filed an amended statement or
				report within thirty (30) days after having been notified to do so by the
				department.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 6 - EXECUTIVE BRANCH LOBBYISTS › Rule 5 - Enforcement › Section 5-1 - Enforcement

Current through July 10, 2024
Authority: IC
				  4-13-1-4.2
Affected: IC
				  4-13-1-4.2
Sec. 1.
(a) The
				commissioner shall take all steps allowed by applicable law to enforce this
				article.
(b) The office of the
				inspector general shall receive complaints concerning unlawful executive branch
				lobbying activity, violations of the executive branch lobbying rules, or
				violations of state ethics rules committed by executive branch
				lobbyists.
(c) Complaints alleging
				unlawful executive branch lobbying activity, violations of the executive branch
				lobbying rules, or violations of state ethics rules may be filed with the
				office of the inspector general by:
(1) the
				department;
(2) any appointing
				authority of an agency; or
(3) any
				person.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 6 - EXECUTIVE BRANCH LOBBYISTS › Rule 6 - Severability › Section 6-1 - Severability

Current through July 10, 2024
Authority: IC
				  4-13-1-4.2
Affected: IC
				  4-13-1-4.2
Sec. 1.
If any provision of this article as now or later amended, or
				  its application to any person or circumstance, is held invalid, the invalidity
				  shall not affect other provisions that can be given effect without the invalid
				  provision or application.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 7 - INDIANA GOVERNMENT CENTER CODE ADAM SAFETY PROTOCOL › Rule 1 - Policy Statement › Section 1-1 - Policy statement

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7
Affected: IC
				  4-20.5-6-2
Sec. 1.
(a) The
				policy of the state is to provide a safe environment for children visiting the
				Indiana government center campus. The department shall act on behalf of the
				state to actively enforce, monitor, and promote its safety protocol for
				locating lost or missing children.
(b) This policy applies to all persons in the
				Indiana government center campus at the time of the "Code Adam" alert
				notification.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 7 - INDIANA GOVERNMENT CENTER CODE ADAM SAFETY PROTOCOL › Rule 2 - Definitions › Section 2-1 - Definitions

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7
Affected: IC
				  4-20.5-6-2
Sec. 1.
The following definitions apply throughout this
				  article:
(1) "Code Adam" means a
				system for locating lost or missing children.
(2) "Department" means the Indiana department
				of administration.
(3) "Employee"
				means anyone employed by the state of Indiana.
(4) "Indiana government center campus" means
				the following:
(A) The state capitol
				building.
(B) The Indiana
				government center-north.
(C) The
				Indiana government center-south.
(D) The state library.
(E) The Washington Street garage.
(F) The Senate Avenue garage.
(G) The Indiana historical society building
				and parking lot.
(H) The land
				adjacent to these buildings that is owned and controlled by the
				state.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 7 - INDIANA GOVERNMENT CENTER CODE ADAM SAFETY PROTOCOL › Rule 3 - Code Adam Procedures › Section 3-1 - Notification

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7
Affected: IC
				  4-20.5-6-2
Sec. 1.
Any person may report to the capitol police that a child is
				  missing or lost by calling (317) 232-6400.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 7 - INDIANA GOVERNMENT CENTER CODE ADAM SAFETY PROTOCOL › Rule 3 - Code Adam Procedures › Section 3-2 - Duties of an employee

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7
Affected: IC
				  4-20.5-6-2
Sec. 2.
(a) Any
				employee to whom a missing child is reported shall immediately take all steps
				necessary to put the person reporting the missing child in contact with the
				capitol police, either in person or by telephone. This may include any of the
				following:
(1) Directing the reporting person
				to the capitol police office.
(2)
				Personally escorting the person to the capitol police office.
(3) Helping the person locate a capitol
				police officer on the campus.
(4)
				Calling the capitol police.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 7 - INDIANA GOVERNMENT CENTER CODE ADAM SAFETY PROTOCOL › Rule 3 - Code Adam Procedures › Section 3-3 - Duties of capitol police

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7
Affected: IC
				  4-20.5-6-2
Sec. 3.
The capitol police must comply with the following procedures
				  when a person reports a missing child:
(1) Record all information from the person
				reporting the missing child, including:
(A)
				the name; and
(B) all contact
				information; of the person reporting the missing child.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 7 - INDIANA GOVERNMENT CENTER CODE ADAM SAFETY PROTOCOL › Rule 3 - Code Adam Procedures › Section 3-4 - Duties of facilities management

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7
Affected: IC
				  4-20.5-6-2
Sec. 4.
Facilities management must comply with the following
				  procedures when the capitol police reports a missing child:
(1) Record all identification information
				from the capitol police regarding the missing child.
(2) Use radios to notify all facilities
				management staff of the missing child.
(3) Send a staff member to make an
				announcement concerning the missing child.
(4) Notify all receptionists in the
				appropriate building or buildings.
(5) Search the building or buildings,
				beginning with the lowest floor and successively working up.
(6) Notify the capitol police at (317)
				232-6400 when the child is found.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 7 - INDIANA GOVERNMENT CENTER CODE ADAM SAFETY PROTOCOL › Rule 3 - Code Adam Procedures › Section 3-5 - Concluding the search for a missing child

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7
Affected: IC
				  4-20.5-6-2
Sec. 5.
(a) The
				capitol police and facilities management shall communicate and coordinate with
				each other throughout the search to share the results of their respective
				efforts.
(b) After the search
				concludes, the capitol police and facilities management shall conduct a
				debriefing to review the results and procedures.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 8 - REGULATION OF DEADLY WEAPONS AND DEVICES › Rule 1 - Policy Statement › Section 1-1 - Policy statement

Current through July 10, 2024
Authority: IC
				  4-13-1-7;
				  IC
				  4-20.5-6-7; IC
				  4-20.5-6-8
Affected: IC
				  4-13-1-7;
				  IC
				  4-20.5-6-7; IC
				  4-20.5-6-8
Sec. 1.
(a) It is
				the policy of the state to protect the public peace, health, and safety and to
				preserve the lives and property of the people working or having business in the
				Indiana government center campus and to assure the continuity of state
				government operations. The department shall act on behalf of the state to
				provide enhanced protection and security in and around the Indiana government
				center campus.
(b) Unless otherwise
				set forth in this rule or other applicable statute, this rule applies to all
				visitors, invitees, state employees, contractors, and agents.
(c) This rule is in conjunction with 240 IAC
				9, a rule of the state police department.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 8 - REGULATION OF DEADLY WEAPONS AND DEVICES › Rule 2 - Definitions › Section 2-1 - Definitions

Current through July 10, 2024
Authority: IC
				  4-13-1-7;
				  IC
				  4-20.5-6-7; IC
				  4-20.5-6-8
Affected: IC
				  35-47-1-5; IC
				  35-47-8; IC
				  35-47.5-2-4
Sec. 1.
The following definitions apply throughout this
				  article:
(1) "Deadly weapon" means any
				of the following:
(A) A loaded or unloaded
				firearm (as defined in IC
				35-47-1-5
				).
(B) A destructive device,
				weapon, device, taser (as defined in IC
				35-47-8-3
				), electronic stun weapon (as defined in IC
				35-47-8-1
				), or stun gun (as defined in IC
				35-47-8-2
				), equipment, including knives, chemical substance, or other material, that, in
				the manner it is used, or could ordinarily be used, or is intended to be used,
				is readily capable of causing serious bodily injury.
(C) A biological disease, virus, or organism
				that is capable of causing serious bodily injury.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 8 - REGULATION OF DEADLY WEAPONS AND DEVICES › Rule 3 - Items Prohibited at the Indiana Government Center Campus › Section 3-1 - Weapons and devices prohibited

Current through July 10, 2024
Authority: IC
				  4-13-1-7;
				  IC
				  4-20.5-6-7; IC
				  4-20.5-6-8
Affected: IC
				  4-13-1-7;
				  IC
				  4-20.5-6-7; IC
				  4-20.5-6-8
Sec. 1.
No person in possession of a deadly weapon, destructive
				  device, weapon of mass destruction, or any other device commonly used in
				  furtherance of terrorism, or is readily capable of causing serious bodily
				  injury (as defined by IC
				  35-41-1-25
[IC
				  35-41-1-25
				  was repealed by P.L. 114-2012, SECTION 129, effective July 1, 2012.]
)
				  as determined by an authorized law enforcement officer shall be permitted into
				  or permitted to remain in the Indiana government center campus.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 8 - REGULATION OF DEADLY WEAPONS AND DEVICES › Rule 3 - Items Prohibited at the Indiana Government Center Campus › Section 3-2 - Controlled access

Current through July 10, 2024
Authority: IC
				  4-13-1-7;
				  IC
				  4-20.5-6-7; IC
				  4-20.5-6-8
Affected: IC
				  4-13-1-7;
				  IC
				  4-20.5-6-7; IC
				  4-20.5-6-8
Sec. 2.
There shall be established procedures and public entry
				  screening points for identifying and prohibiting deadly weapons, destructive
				  devices, and weapons of mass destruction from being brought, or attempting to
				  be brought, into the Indiana government center campus.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 8 - REGULATION OF DEADLY WEAPONS AND DEVICES › Rule 3 - Items Prohibited at the Indiana Government Center Campus › Section 3-3 - Authorized persons

Current through July 10, 2024
Authority: IC
				  4-13-1-7;
				  IC
				  4-20.5-6-7; IC
				  4-20.5-6-8
Affected: IC
				  35-47-2-2; IC
				  35-47-2-4
Sec. 3.
This rule does not apply to the following persons, otherwise
				  authorized by law to carry firearms, who enter the Indiana government center
				  campus in an official capacity and not as private citizens:
(1) A federal, state, or local law
				enforcement officer or a person who has been employed or authorized by the
				state to provide security protection and services.
(2) Members of the Indiana general assembly
				who hold an unlimited license to carry a handgun (see IC
				35-47-2-4
				).
(3) Members of the Indiana
				judiciary (see IC
				35-47-2-2(4)
				).
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 8 - REGULATION OF DEADLY WEAPONS AND DEVICES › Rule 3 - Items Prohibited at the Indiana Government Center Campus › Section 3-4 - Enforcement

Current through July 10, 2024
Authority: IC
				  4-13-1-7;
				  IC
				  4-20.5-6-7; IC
				  4-20.5-6-8
Affected: IC
				  10-11-2-28
Sec. 4.
The Indiana state police, pursuant to IC
				  10-11-2-28
				  and 240 IAC 9, shall enforce this rule.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 1 - Policy › Section 1-1 - Policy statement; procurement and contracting

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-1; IC
				  4-13-1.3-3; IC 4-13.6
Sec. 1.
(a) It is
				the policy of the state to provide an equal opportunity for Indiana veteran
				owned small business enterprises (IVOSB) to participate in the state's
				procurement and contracting processes. The commissioner shall be the final
				authority on all matters pertaining to the maintenance and administration of
				the program and compliance thereto.
(b) Under IC
				4-13-1.3-3, the department may
				delegate its authority to a state agency.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 1 - Policy › Section 1-2 - IVOSB procurement goal

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-1; IC
				  4-13-16.5-3; IC 4-13.6
Sec. 2.
(a) Under IC
				4-13-16.5-3, the state's IVOSB goal
				is established.
(b) The IVOSB goal
				shall apply to procurements and contracts, as awarded by the department and its
				designees, change orders, amendments, and other modifications that affect
				contract value.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 2 - Definitions › Section 2-1 - Definitions

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC
				  4-13-1-2; IC
				  4-13-16.5-1; IC 4-13.6; IC
				  5-22-2-13
Sec. 1.
The following definitions apply throughout this
				  article:
(1) "Award" means the written
				determination made by the department, or its designee, of the lowest
				responsible and responsive bidder; or the responsible offeror whose proposal is
				determined in writing to be the most advantageous to the governmental body, as
				defined by IC
				5-22-2-13.
(2) "Bidder" means a person who responds to a
				solicitation.
(3) "Commissioner"
				means the commissioner of the department.
(4) "Contract" means any contract awarded by
				the department, or its designee, for the procurement of goods, supplies, or
				services, including professional services.
(5) "Contract goal" means a targeted amount
				of IVOSB participation contractually established between the department, or its
				designee, and the prime.
(6)
				"Contractor" means a person who contracts with a state agency to provide goods
				or services.
(7) "Customary
				discretion" means usual decisions associated with the certain area of business
				or profession.
(8) "Customary
				industry practice" mean practices inherited from the past that are accepted and
				respected by the members of that same business community or industry.
(9) "Department" means the Indiana department
				of administration, as created by IC
				4-13-1-2.
(10) "IVOSB" means an Indiana veteran owned
				small business enterprise, as described by IC
				4-13-16.5-1.
(11) "IVOSB credit" means points received
				during the solicitation evaluation. Each solicitation shall enumerate the IVOSB
				credit to be utilized.
(12) "Owned
				and controlled" means the following:
(A)
				Ownership of at least fifty-one percent (51%) of the enterprise. If the
				enterprise is a corporation, this includes owning fifty-one percent (51%) of
				both the corporate voting stock and fifty-one percent (51%) of all outstanding
				stock.
(B) Control over the
				management of and active in the day-to-day operations of the
				business.
(C) An interest in the
				capital, assets, and profits and losses of the business proportionate to the
				percentage of ownership.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 3 - Scope of Activities › Section 3-1 - Activities to achieve participation; education

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-1; IC 4-13.6
Sec. 1.
The department, in cooperation with the Indiana economic
				  development corporation, as well as the commission on military and veterans
				  affairs and all procuring agencies, shall perform activities and provide
				  educational information to afford IVOSB the opportunity to participate in the
				  state's procurement and contracting processes. The department shall determine
				  where and when the programs are most valuable to IVOSB.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 4 - IVOSB Participation in Procurement and Subcontracting › Section 4-1 - Monitoring IVOSB participation

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-1; IC 4-13.6
Sec. 1.
(a) The
				department may conduct preproposal meetings with prime and subcontractors. The
				department shall determine which projects will require a preproposal meeting.
				Items of discussion at the meetings may include, but are not limited to, the
				following:
(1) A review of program
				requirements.
(2) Subcontractor
				services.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 4 - IVOSB Participation in Procurement and Subcontracting › Section 4-2 - Procedure for solicitation submission

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-16.5-1.5; IC 4-13.6
Sec. 2.
(a) A prime
				IVOSB bidder must submit the following to the department, or its designee, for
				solicitation submission:
(1) The name of the
				IVOSB enterprise.
(2) The phone
				number of the IVOSB.
(3) The name
				of a contact person from the IVOSB.
(4) Work the enterprise will perform and the
				approximate date when the IVOSB's work will commence.
(5) The contract amount for services that
				will be performed.
(6) Proof of
				principal place of business in Indiana.
(7) A copy of the IVOSB's eligibility
				verification approval letter received from the Center of Veterans Enterprise of
				the United States Department of Veterans Affairs, as provided by IC
				4-13-16.5-1.5, or an approval letter from the state program.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 4 - IVOSB Participation in Procurement and Subcontracting › Section 4-3 - Review by the department of solicitation submissions

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-1; IC 4-13.6
Sec. 3.
(a) Upon
				receipt of the solicitation documents, the department shall verify the IVOSB's
				status on the Vendor Information Page, the federal database of businesses
				eligible to participate in the Center of Veterans Enterprise of the United
				States Department of Veterans Affairs' Veteran-Owned Small Business Program or
				the state program database maintained by the department.
(b) IVOSB contractors and suppliers must
				perform a commercially useful function. A commercially useful function is
				generally deemed to be when an IVOSB contractor or supplier is responsible for
				execution of the work of the contract and is carrying out its responsibilities
				by actually performing, managing, and supervising the work involved. To perform
				a commercially useful function, an IVOSB contractor or supplier must also be
				responsible, with respect to materials and supplies used on the contract, for
				negotiating price, determining quality and quantity, ordering the material, and
				installing (where applicable) and paying for the material itself. An IVOSB
				contractor or supplier does not perform a commercially useful function if its
				role is limited to that of an extra participant in a transaction, contract, or
				project through which funds are passed in order to obtain the appearance of
				IVOSB participation.