Indiana House Bill HB1466 Comm Sub / Bill

                    *HB1466.1*
February 10, 2025
HOUSE BILL No. 1466
_____
DIGEST OF HB 1466 (Updated February 10, 2025 12:13 pm - DI 151)
Citations Affected: Numerous provisions throughout the Indiana
Code.
Synopsis:  Various agency administrative procedures. Provides that the
department of natural resources is subject to the jurisdiction of the
office of administrative law proceedings. Provides that the secretary of
family and social services is the ultimate authority for Medicaid
applicants and recipient eligibility appeals.  Provides that in Medicaid
applicant eligibility cases, except in certain circumstances, the order
from the administrative law judge is final after 61 days without further
affirmation from the ultimate authority. Provides that the review of
certain professional disciplinary reviews are not subject to the office of
administrative law proceedings. Sets forth the process to select a
hearing officer for the professional disciplinary reviews. Makes
changes to motor vehicle dealer services statutes to be consistent with
the jurisdiction of the office of administrative law proceedings.
Provides that the department of child services (DCS) is the ultimate
authority of the review of decisions concerning residential child care
base rates. Removes the duty of DCS to adopt rules concerning the
administrative review by DCS of a proposed or approved substantiated
report of child abuse or neglect, before or after an administrative
hearing is available or conducted. Makes conforming changes. Makes
technical corrections and conforming amendments required by HEA
1003-2024 concerning the office of administrative law proceedings.
Effective:  July 1, 2025.
Meltzer, Steuerwald, Jeter,
Zimmerman
January 21, 2025, read first time and referred to Committee on Judiciary.
February 10, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 126.3.
HB 1466—LS 7521/DI 107  February 10, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1466
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-15-10.5-2, AS AMENDED BY P.L.128-2024,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 2. This chapter does not apply to:
4 (1) the department of workforce development;
5 (2) the unemployment insurance review board of the department
6 of workforce development;
7 (3) the worker's compensation board of Indiana;
8 (4) the Indiana utility regulatory commission;
9 (5) the department of state revenue;
10 (6) the department of local government finance;
11 (7) the Indiana board of tax review;
12 (8) the natural resources commission;
13 (9) (8) the Indiana education employment relations board;
14 (10) (9) the state employees appeals commission; or
15 (11) (10) before July 1, 2022, any other agency or category of
16 proceeding determined by the governor to be exempt from this
17 chapter for good cause.
HB 1466—LS 7521/DI 107 2
1 SECTION 2. IC 4-21.5-2-6, AS AMENDED BY P.L.53-2018,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 6. This article does not apply to the formulation,
4 issuance, or administrative review (but does apply to the judicial
5 review and civil enforcement) of any of the following:
6 (1) Except as provided in IC 12-17.2-3.5-17, IC 12-17.2-4-18.7,
7 IC 12-17.2-5-18.7, and IC 12-17.2-6-20, determinations by the
8 division of family resources. and the department of child services.
9 (2) Determinations by the alcohol and tobacco commission.
10 (3) Determinations by the office of Medicaid policy and planning
11 concerning recipients and applicants of Medicaid. However, this
12 article does apply to determinations by the office of Medicaid
13 policy and planning concerning providers.
14 SECTION 3. IC 4-21.5-3-10, AS AMENDED BY P.L.128-2024,
15 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2025]: Sec. 10. (a) An administrative law judge is subject to
17 disqualification for:
18 (1) bias, prejudice, or interest in the outcome of a proceeding;
19 (2) failure to dispose of the subject of a proceeding in an orderly
20 and reasonably prompt manner after a written request by a party;
21 (3) unless waived or extended with the written consent of all
22 parties or for good cause shown, failure to issue an order not later
23 than ninety (90) days after the latest of:
24 (A) the filing of a motion to dismiss or a motion for summary
25 judgment under section 23 of this chapter that is filed after
26 June 30, 2011;
27 (B) the conclusion of a hearing that begins after June 30, 2011;
28 or
29 (C) the completion of any schedule set for briefing or for
30 submittal of proposed findings of fact and conclusions of law
31 for a disposition under clauses (A) or (B); or
32 (4) any cause for which a judge of a court may be disqualified.
33 Before July 1, 2020, nothing in this subsection prohibits an individual
34 who is an employee of an agency from serving as an administrative law
35 judge.
36 (b) This subsection does not apply to a proceeding concerning a
37 regulated occupation (as defined in IC 25-1-7-1), except for a
38 proceeding concerning a water well driller (as described in IC 25-39-3)
39 or an out of state mobile health care entity regulated by the Indiana
40 department of health. Subject to subsection (d), an individual who is
41 disqualified under subsection (a)(2) or (a)(3) shall provide the parties
42 a list of at least three (3) special administrative law judges who meet
HB 1466—LS 7521/DI 107 3
1 the requirements of:
2 (1) section 9(c) of this chapter, if the case involves an
3 environmental matter described in section 9(b) of this chapter; or
4 (2) IC 14-10-2-2, if the case is pending before the division of
5 hearings of the natural resources commission; or
6 (3) (2) subject to subsection (d), any other statute or rule
7 governing qualification to serve an agency. other than those
8 described in subdivision (1) or (2).
9 Subject to subsection (c), the parties may agree to the selection of one
10 (1) individual from the list.
11 (c) If the parties do not agree to the selection of an individual as
12 provided in subsection (b) not later than ten (10) days after the parties
13 are provided a list of judges under subsection (b), a special
14 administrative law judge who meets the requirements of subsection (b)
15 shall be selected under the procedure set forth in Trial Rule 79(D).
16 (d) This subsection applies after June 30, 2020, to an agency whose
17 proceedings are subject to the jurisdiction of the office of
18 administrative law proceedings. If an administrative law judge is
19 disqualified under this section, the director of the office of
20 administrative law proceedings shall assign another administrative law
21 judge.
22 SECTION 4. IC 9-32-13-15.5, AS AMENDED BY P.L.284-2019,
23 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 15.5. (a) This section does not apply to
25 manufacturers or distributors of manufactured housing, heavy duty
26 vocational vehicles (as defined in 49 CFR 523.8), or recreational
27 vehicles.
28 (b) Unless otherwise agreed, it is an unfair practice for a
29 manufacturer or distributor to fail to compensate a dealer anything less
30 than the dealer's retail rates for parts or labor the dealer uses in
31 performing the warranty services of the manufacturer or distributor, or
32 for a manufacturer or distributor of a separate vehicle component or
33 major vehicle assembly that is warranted independently of the motor
34 vehicle to fail to compensate a dealer anything less than the dealer's
35 retail rate for the parts or labor the dealer uses in performing the
36 warranty services of the manufacturer or distributor. The dealer's retail
37 rate for parts must be a percentage determined by dividing the total
38 charges for parts used in warranty like repairs by the dealer's total cost
39 for those parts minus one (1) in the lesser of one hundred (100)
40 customer paid sequential repair orders or ninety (90) consecutive days
41 of customer paid repair orders. The dealer's retail rate for labor shall be
42 determined by dividing the total labor sales for warranty like repairs by
HB 1466—LS 7521/DI 107 4
1 the number of hours that generated those sales in one hundred (100)
2 customer paid sequential repair orders or ninety (90) consecutive days
3 of customer paid repair orders. A retail rate may be calculated based
4 upon only customer paid repair orders charged within one hundred
5 eighty (180) days before the date the dealer submits the declaration.
6 (c) The dealer's submission for retail rates must include a
7 declaration of the dealer's retail rates for parts or labor along with the
8 supporting service repair orders paid by customers. A manufacturer or
9 distributor may challenge the dealer's declaration by submitting a
10 rebuttal not later than sixty (60) days after the date the declaration was
11 received. If the manufacturer or distributor does not send a timely
12 rebuttal to the dealer, the retail rate is established as reasonable and
13 goes into effect automatically.
14 (d) If a rebuttal in subsection (c) is timely sent, the rebuttal must
15 substantiate how the dealer's declaration is unreasonable or materially
16 inaccurate. The rebuttal must propose an adjusted retail rate and
17 provide written support for the proposed adjustments. If the dealer does
18 not agree with the adjusted retail rate, the dealer may file a complaint
19 with the dealer services division within the office of the secretary of
20 state.
21 (e) A complaint filed under subsection (d) must be filed not later
22 than thirty (30) days after the dealer receives the manufacturer's or
23 distributor's rebuttal. On or before filing a complaint, a dealer must
24 serve a demand for mediation upon the manufacturer or distributor.
25 (f) When calculating the retail rate customarily charged by the
26 dealer for parts or labor under this section, the following work may not
27 be included:
28 (1) Repairs for manufacturer or distributor special events,
29 specials, or promotional discounts for retail customer repairs.
30 (2) Parts sold or repairs performed at wholesale.
31 (3) Routine maintenance not covered under a retail customer
32 warranty, such as fluids, filters, and belts not provided in the
33 course of repairs.
34 (4) Nuts, bolts, fasteners, and similar items that do not have an
35 individual part number.
36 (5) Vehicle reconditioning.
37 (6) Accessories.
38 (7) Repairs of damage caused by a collision, a road hazard, the
39 force of the elements, vandalism, or theft.
40 (8) Vehicle emission or safety inspections required by law.
41 (9) Manufacturer or distributor reimbursed goodwill or policy
42 repairs or replacements.
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1 (10) Replacement of tires.
2 (g) If a manufacturer or distributor furnishes a part or component to
3 a dealer at no cost to use in performing repairs under a recall, campaign
4 service, or warranty repair, the manufacturer or distributor shall
5 compensate the dealer for the part or component in the same manner
6 as warranty parts compensation under this section by compensating the
7 dealer the average markup on the cost for the part or component as
8 listed in the manufacturer's or distributor's initial or original price
9 schedule minus the cost for the part or component.
10 (h) A manufacturer or distributor may not require a dealer to
11 establish the retail rate customarily charged by the dealer for parts or
12 labor by an unduly burdensome or time consuming method or by
13 requiring information that is unduly burdensome or time consuming to
14 provide, including part by part or transaction by transaction
15 calculations. A dealer may not declare an average percentage parts
16 markup or average labor rate more than once in a twelve (12) month
17 period. A manufacturer or distributor may perform annual audits to
18 verify that a dealer's effective rates have not decreased. If a dealer's
19 effective rates have decreased, a manufacturer or distributor may
20 reduce the warranty reimbursement rate prospectively. A dealer may
21 elect to revert to the nonretail rate reimbursement for parts or labor not
22 more than once in a twelve (12) month period.
23 (i) A manufacturer or distributor may not impose a surcharge on a
24 dealer for the purpose of recovering any of its costs related to the
25 reimbursement of a dealer for parts or labor required under this section.
26 This subsection does not prohibit a manufacturer or distributor from
27 increasing the wholesale price of a vehicle or part in the ordinary
28 course of business.
29 (j) If a dealer files a complaint with the dealer services division
30 within the office of the secretary of state, the warranty reimbursement
31 rate in effect before any mediation or complaint remains in effect until
32 thirty (30) days after:
33 (1) a final decision has been issued by a court with jurisdiction;
34 and
35 (2) all appeals have been exhausted.
36 SECTION 5. IC 9-32-13-27, AS AMENDED BY P.L.174-2016,
37 SECTION 106, IS AMENDED TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2025]: Sec. 27. (a) It is an unfair practice for a
39 manufacturer or distributor to do the following:
40 (1) Cancel or terminate a franchise of a franchisee, or fail or
41 refuse to extend or renew a franchise upon the franchise's
42 expiration, without good cause and notice to the franchisee by
HB 1466—LS 7521/DI 107 6
1 certified mail, return receipt requested:
2 (A) at least ninety (90) days before the cancellation or
3 termination; or
4 (B) at least ten (10) days before the cancellation or termination
5 if any of the following apply:
6 (i) The franchisee has abandoned business operations or
7 otherwise failed to conduct sales and service operations
8 during regular business hours for at least seven (7)
9 consecutive business days, unless the abandonment or
10 closure is due to an act of God or another act over which the
11 franchisee has no control.
12 (ii) The franchisee or another operator of the franchise has
13 been convicted of or pled guilty to an offense punishable by
14 at least one (1) year of imprisonment.
15 (iii) The dealer files for bankruptcy or enters into
16 receivership.
17 (iv) The license of the dealer is revoked under IC 9-32-11 or
18 IC 9-32-16.
19 (v) The dealer commits fraud.
20 (2) Offer a renewal, replacement, or succeeding franchise that
21 substantially changes or modifies the sales and service
22 obligations, facilities standards, capital requirements, or other
23 terms of the original franchise or agreement of a franchisee
24 without notice to the franchisee by certified mail, return receipt
25 requested, at least ninety (90) days before the expiration or
26 termination of the original franchise or agreement.
27 (3) Terminate a dealer for the dealer's failure to meet a
28 performance standard that is not statistically valid, reliable, and
29 reasonable.
30 Notice provided under this subsection must include a detailed
31 statement setting forth the specific grounds for the proposed action.
32 (b) For purposes of subsection (a)(1), the following do not constitute
33 good cause, provided that no unfair practice is committed under
34 IC 9-32-13-12 and no transfer, sale, or assignment is made in violation
35 of IC 9-32-13-22:
36 (1) A change of ownership or executive management of a
37 dealership.
38 (2) Requiring the appointment of an individual to an executive
39 management position in a dealership.
40 (3) Ownership of, investment in, participation in the management
41 of, or holding a license for the sale of any line make of new motor
42 vehicles by a franchisee or an owner of an interest in a franchise.
HB 1466—LS 7521/DI 107 7
1 (c) Good cause exists under subsection (a)(1) with respect to all
2 franchisees of a line make if the manufacturer of the line make
3 permanently discontinues the manufacture or assembly of the line
4 make.
5 (d) Not more than thirty (30) days after a franchisee receives notice
6 under subsection (a), the franchisee may protest the proposed action by
7 bringing a declaratory judgment action before the division. filing a
8 petition for review with the office of administrative law
9 proceedings.
10 (e) If a franchisee makes a timely and proper request for review
11 under subsection (d) for declaratory judgment to protest a proposed
12 action, under subsection (a)(1), the division shall schedule an
13 administrative hearing. The administrative hearing must comply with
14 IC 4-21.5. the office of administrative law proceedings shall appoint
15 an administrative law judge and schedule an administrative
16 hearing. The administrative hearing must comply with IC 4-21.5.
17 The declaratory judgment action administrative law judge's order
18 must include a determination of whether good cause exists for the
19 proposed action.
20 SECTION 6. IC 9-32-16-2, AS AMENDED BY P.L.182-2021,
21 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2025]: Sec. 2. (a) An order issued under this article may:
23 (1) deny a dealer license, transport operator license plate, or
24 endorsement application for registration if the secretary finds that
25 the order is in the public interest and subsection (c) authorizes the
26 action;
27 (2) condition or limit the issuance of transport operator license
28 plates to an applicant if the secretary finds that the order is in the
29 interest of the public and subsection (c) authorizes the actions;
30 and
31 (3) condition or limit the license of an applicant to be a dealer
32 and, if the applicant for a dealer license is a partner, officer,
33 director, or person having similar status or performing similar
34 functions, or a person directly or indirectly in control of the
35 dealership, the order may condition or limit the license.
36 (b) If the secretary finds that an order is in the public interest and
37 subsection (c) authorizes the action, an order issued under this article
38 may deny, revoke, suspend, condition, limit, or permanently bar the
39 granting of a license or endorsement or issuing of a license plate to or
40 an application for a license, endorsement, or license plate from a
41 transport operator, dealer, owner, dealer manager, or a person having
42 a similar status or performing similar functions as a dealer, or a person
HB 1466—LS 7521/DI 107 8
1 directly or indirectly in control of the dealer. However, the secretary
2 may not:
3 (1) institute a revocation or suspension proceeding under this
4 subsection based on an order issued under the law of another state
5 that is reported to the secretary or a designee of the secretary more
6 than one (1) year after the date of the order on which it is based;
7 or
8 (2) issue an order on the basis of an order issued under the dealer
9 services laws of another state unless the other order was based on
10 conduct for which subsection (c) would authorize the action had
11 the conduct occurred in Indiana.
12 (c) A person may be disciplined under this section if the person:
13 (1) has filed an application for transport operator license plates,
14 a dealer license, or a dealer endorsement in Indiana under this
15 article, or its predecessor, within the previous ten (10) years,
16 which, as of the effective date of license or registration or as of
17 any date after filing in the case of an order denying effectiveness,
18 was incomplete as to a material fact or contained a statement that,
19 in light of the circumstances under which it was made, was false
20 or misleading with respect to a material fact;
21 (2) knowingly violated or knowingly failed to comply with this
22 article, or its predecessor, within the previous ten (10) years;
23 (3) has been convicted of a:
24 (A) felony within the previous ten (10) years;
25 (B) felony or misdemeanor involving theft or fraud; or
26 (C) felony or misdemeanor concerning an aspect of business
27 involving the offer, sale, financing, repair, modification, or
28 manufacture of a motor vehicle or watercraft;
29 (4) is enjoined or restrained by a court with jurisdiction in an
30 action instituted by a state or the United States from engaging in
31 or continuing an act, practice, or course of business involving an
32 aspect of a business involving the offer, barter, sale, purchase,
33 transfer, financing, repair, or manufacture of a motor vehicle or
34 watercraft;
35 (5) refuses to allow or otherwise impedes the secretary from
36 conducting an audit or inspection;
37 (6) has engaged in dishonest or unethical practices in a business
38 involving the offer, barter, sale, purchase, transfer, financing,
39 repair, or manufacture of a motor vehicle or watercraft within the
40 previous ten (10) years;
41 (7) is engaging in unfair practices as set forth in this article;
42 (8) is on the most recent tax warrant list supplied to the secretary
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1 by the department of state revenue;
2 (9) violates IC 23-2-2.7;
3 (10) violates IC 9-19-9;
4 (11) willfully violates federal or state law relating to the sale,
5 distribution, financing, or insuring of motor vehicles or
6 watercraft;
7 (12) is not compliant with local, state, or federal laws and
8 regulations regarding a dealer license, endorsement, or dealer
9 business;
10 (13) violates IC 9-32-9-15;
11 (14) violates IC 9-32-9-16; or
12 (15) violates IC 9-32-9-29.
13 (d) The secretary may revoke, suspend, or deny an application,
14 impose fines and costs, restrict, condition, limit, bar, or suspend a
15 dealer license, a dealer endorsement, or a license plate issued under
16 this article, or order restitution, or do any combination of these actions
17 before final determination of an administrative proceeding. Upon the
18 issuance of an order, the secretary shall promptly notify each person
19 subject to the order:
20 (1) that the order has been issued;
21 (2) the reasons for the action; and
22 (3) of the petition for review rights for an administrative
23 adjudication to be conducted by the office of administrative
24 law proceedings; and
25 (3) (4) that upon receipt of a request in a record petition for
26 review from the person, the administrative law judge
27 appointed by the office of administrative legal proceedings
28 shall issue an order setting a hearing date will be issued within
29 fifteen (15) thirty (30) days.
30 If a hearing petition for review is not requested and no hearing is
31 ordered by the secretary filed within thirty (30) days after the date of
32 service of the order, the order becomes final by operation of law. If a
33 hearing is requested or ordered, person subject to the order files a
34 petition for review, the secretary, after notice of and opportunity for
35 hearing to each person subject to the order, may modify or vacate the
36 order or extend the order until final determination. office of
37 administrative law proceedings shall assign an administrative law
38 judge to conduct a proceeding pursuant to IC 4-21.5.
39 (e) After a hearing, the secretary administrative law judge may
40 suspend or deny an application, impose fines and costs, restrict,
41 condition, limit, bar, suspend, or revoke a license plate issued under
42 this article, dealer license or endorsement or order restitution, or do any
HB 1466—LS 7521/DI 107 10
1 combination of these actions.
2 (f) Revocation or suspension of a license or endorsement of a dealer
3 may be limited to one (1) or more locations, to one (1) or more defined
4 areas, or only to certain aspects of the business.
5 (g) Except as provided in subsection (d), an order may not be issued
6 under this section without:
7 (1) appropriate notice to the applicant or registrant;
8 (2) an opportunity for a hearing; and
9 (3) reasons for the action.
10 (h) A person that controls, directly or indirectly, a person not in
11 compliance with this section may be disciplined by order of the
12 secretary under subsections (a) and (b) to the same extent as the
13 noncomplying person, unless the controlling person did not know, and
14 in the exercise of reasonable care could not have known, of the
15 existence of conduct that is a ground for discipline under this section.
16 (i) A person subject to this chapter that has not been issued a license
17 or endorsement is subject to the same disciplinary fines, costs, and
18 penalties as if a license had been issued.
19 SECTION 7. IC 9-32-16-14, AS ADDED BY P.L.92-2013,
20 SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2025]: Sec. 14. (a) The secretary may:
22 (1) conduct public or private investigations within or outside
23 Indiana that the secretary considers necessary or appropriate to
24 determine whether a person has violated, is violating, or is about
25 to violate this article or a rule adopted or order issued under this
26 article, or aid in the enforcement of this article or in the adoption
27 of rules and forms under this article;
28 (2) require or permit a person to testify, file a statement, or
29 produce a record, under oath or otherwise as the secretary
30 determines, as to all the facts and circumstances concerning a
31 matter to be investigated or about which an action or proceeding
32 is to be instituted; and
33 (3) publish a record concerning an action, proceeding, or
34 investigation under, or a violation of, this article or a rule adopted
35 or order issued under this article if the secretary determines it is
36 necessary or appropriate and in the public interest and for the
37 protection of dealers or consumers.
38 (b) For purposes of an investigation under this article, the secretary
39 or a designated employee of the secretary may administer oaths and
40 affirmations, subpoena witnesses, seek compulsion of attendance, take
41 attendance, take evidence, require the filing of statements, and require
42 the production of any records that the secretary considers relevant or
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1 material to the investigation. Upon order of the secretary, or a hearing
2 officer appointed by the secretary in a hearing, depositions may be
3 taken in the manner prescribed by law for depositions in civil actions
4 and made returnable to the secretary or a hearing an officer appointed
5 by the secretary.
6 (c) If a person does not appear or refuses to testify, file a statement,
7 or produce records, or otherwise does not obey a subpoena as required
8 by this article, the secretary or hearing officer appointed by the
9 secretary may apply to the circuit or superior court in the county where
10 the hearing, investigation or inquiry in question is being conducted to
11 enforce compliance. The court may:
12 (1) hold the person in contempt;
13 (2) order the person to appear before the secretary; or hearing
14 officer appointed by the secretary;
15 (3) order the person to testify about the matter under investigation
16 or in question;
17 (4) order the production of records;
18 (5) grant injunctive relief, including restricting or prohibiting the
19 offer or sale of vehicles;
20 (6) impose a civil penalty of not more than twenty thousand
21 dollars ($20,000) for each violation; and
22 (7) grant any other necessary or appropriate relief.
23 (d) This section does not preclude a person from applying to the
24 circuit or superior court in the county where the hearing, investigation
25 or inquiry in question is being conducted for relief from a request to
26 appear, testify, file a statement, produce records, or obey a subpoena.
27 (e) If a witness, in any hearing, inquiry or investigation conducted
28 under this article, refuses to answer any question or produce any item,
29 the secretary may file a written petition with the circuit or superior
30 court in the county where the hearing, investigation or inquiry in
31 question is being conducted requesting a hearing on the refusal. The
32 court shall hold a hearing to determine if the witness may refuse to
33 answer the question or produce the item. If the court determines that
34 the witness, based upon the witness's privilege against
35 self-incrimination, may properly refuse to answer or produce an item,
36 the secretary may make a written request that the court grant use
37 immunity to the witness. Upon written request of the secretary, the
38 court shall grant use immunity to a witness. The court shall instruct the
39 witness, by written order or in open court, that:
40 (1) any evidence the witness gives, or evidence derived from that
41 evidence, may not be used in any criminal proceedings against
42 that witness, unless the evidence is volunteered by the witness or
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1 is not responsive to a question; and
2 (2) the witness must answer the questions asked and produce the
3 items requested.
4 A grant of use immunity does not prohibit the use of evidence that the
5 witness gives in a hearing, an investigation or inquiry from being used
6 in a prosecution for perjury under IC 35-44.1-2-1. If a witness refuses
7 to give the evidence after the witness has been granted use immunity,
8 the court may find the witness in contempt.
9 (f) In any prosecution, action, suit, or proceeding based upon or
10 arising out of or under this article, a certificate signed by the secretary
11 showing compliance or noncompliance with this article by a dealer
12 constitutes prima facie evidence of compliance or noncompliance with
13 this article and is admissible in evidence in any action at law or in
14 equity to enforce this article.
15 (g) Each witness who appears before the secretary or a hearing
16 officer appointed by the secretary by order is entitled to receive for the
17 witness's attendance the fees and mileage provided for witnesses in
18 civil cases, which must be audited and paid by the state in the same
19 manner as other expenses of the division are audited and paid when
20 proper vouchers sworn to by the witnesses and approved by the
21 secretary are presented. However, a witness subpoenaed at the instance
22 of parties other than the secretary or a hearing officer appointed by the
23 secretary is not entitled to any fee or compensation from the state.
24 SECTION 8. IC 9-32-16-15, AS AMENDED BY P.L.182-2021,
25 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 15. (a) A dealer who is injured by an unfair
27 practice set forth in IC 9-32-13 or IC 9-32-15 may file a complaint or
28 petition with the division. office of administrative law proceedings.
29 (b) A dealer who is injured by an unfair practice set forth in
30 IC 9-32-13-27 may file a request for declaratory judgment with the
31 division.
32 (c) A dealer may not file a complaint, request for declaratory
33 judgment under subsection (b) based on an alleged violation of
34 IC 9-32-13-27, or petition with the division under subsection (a) based
35 on an alleged violation of IC 9-32-13 or IC 9-32-15 by a manufacturer
36 or distributor unless the dealer serves a demand for mediation upon the
37 manufacturer or distributor:
38 (1) before; or
39 (2) at the same time as;
40 filing the complaint, request for declaratory judgment, or petition. A
41 demand for mediation must be in writing and served upon the
42 manufacturer or distributor by certified mail at an address designated
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1 for the manufacturer or distributor in the licensor's records. The
2 demand for mediation must contain a brief statement of the dispute and
3 the relief sought by the dealer serving the demand.
4 (d) Not later than twenty (20) days after the date the demand for
5 mediation is served under subsection (c), the parties shall mutually
6 select an independent mediator and meet with the mediator for the
7 purpose of attempting to resolve the dispute. The meeting place must
8 be within Indiana at a location selected by the mediator. The mediator
9 may extend the period in which the meeting must occur for good cause
10 shown by either party or upon stipulation of the parties.
11 (c) The administrative law judge may order the parties to
12 submit their case to a mediator.
13 SECTION 9. IC 10-19-3-6, AS ADDED BY P.L.22-2005,
14 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 6. For purposes of IC 4-21.5, the executive
16 director, or the executive director's designee, office of administrative
17 law proceedings is the ultimate authority for the department.
18 SECTION 10. IC 12-8-6.5-6, AS ADDED BY P.L.160-2012,
19 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]: Sec. 6. (a) For purposes of IC 4-15-10.5 and
21 IC 4-21.5, the secretary is the ultimate authority for the state Medicaid
22 program. applicant and eligibility appeals.
23 (b) The secretary shall adopt rules under IC 4-22-2 to specify any
24 additional necessary procedures for administrative review of an agency
25 action under IC 4-21.5 and the state Medicaid program.
26 SECTION 11. IC 12-8-8.5-5, AS AMENDED BY P.L.35-2016,
27 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 5. (a) The secretary is the ultimate authority for
29 medicaid applicant and eligibility appeals under IC 4-15-10.5 and
30 IC 4-21.5 for purposes of the operation of the division and the
31 programs of the division.
32 (b) The secretary may delegate an individual to serve as the ultimate
33 authority.
34 SECTION 12. IC 12-15-28-8 IS ADDED TO THE INDIANA
35 CODE AS A NEW SECTION TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) The secretary is the
37 ultimate authority under IC 4-21.5 for Medicaid applicants and
38 recipient eligibility appeals.
39 (b) For a Medicaid applicant eligibility case, in the absence of an
40 objection or notice under IC 4-21.5-3-29(d), the order from the
41 administrative law judge is final after sixty-one (61) days without
42 further affirmation from the ultimate authority.
HB 1466—LS 7521/DI 107 14
1 SECTION 13. IC 12-17.2-5-28 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 28. A final decision of
3 the division office of administrative law proceedings made after a
4 hearing is subject to judicial review under IC 4-21.5-5.
5 SECTION 14. IC 14-10-2-2 IS REPEALED [EFFECTIVE JULY 1,
6 2025]. Sec. 2. (a) The commission shall appoint administrative law
7 judges.
8 (b) The commission shall create a division of hearings. The division
9 of hearings shall assist the commission in performing the functions of
10 this section. The director of the division of hearings may appoint a
11 special administrative law judge.
12 (c) A person who is not appointed by:
13 (1) the director of the division of hearings; or
14 (2) the commission;
15 may not act as an administrative law judge.
16 SECTION 15. IC 14-10-2-2.5, AS AMENDED BY THE
17 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
18 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2025]: Sec. 2.5. (a) A person who is the party in a hearing
20 under this title or IC 4-15-10.5 may move to have the
21 (1) administrative law judge appointed under IC 4-15-10.5 or
22 (2) administrative law judge appointed under section 2 of this
23 chapter;
24 consolidate multiple proceedings that are subject to the jurisdiction of
25 both the office of administrative law proceedings. and the division of
26 hearings.
27 (b) An administrative law judge shall grant the motion made under
28 subsection (a) if the following findings are made:
29 (1) The proceedings include the following:
30 (A) Common questions of law or fact.
31 (B) At least one (1) person, other than the department or the
32 department of environmental management, who is a party to
33 all the proceedings.
34 (C) Issues of water quality, water quantity, or both.
35 (2) Consolidation may support administrative efficiency.
36 (c) If a motion to consolidate proceedings has been is granted under
37 subsection (b), the hearing must be conducted by a panel that consists
38 of at least two (2) administrative law judges. The panel is the ultimate
39 authority for matters authorized under IC 4-21.5-7-5 IC 4-15-10.5 and
40 this title. Any party including the department and the department of
41 environmental management, to an action under this section may
42 petition an appropriate court for judicial review of a final determination
HB 1466—LS 7521/DI 107 15
1 of the panel under IC 4-21.5-5.
2 (d) The office of administrative law proceedings and the division of
3 hearings shall adopt joint rules to implement this section.
4 SECTION 16. IC 14-10-2-3 IS REPEALED [EFFECTIVE JULY 1,
5 2025]. Sec. 3. Except as provided in section 2.5 of this chapter and
6 IC 14-34-2-2, the commission is the ultimate authority of the
7 department under IC 4-21.5.
8 SECTION 17. IC 14-10-2-4, AS AMENDED BY P.L.93-2024,
9 SECTION 119, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The commission shall adopt
11 rules under IC 4-22-2 to carry out the commission's duties under this
12 title.
13 (b) The commission may adopt rules to exempt an activity from
14 licensing under this title, except:
15 (1) IC 14-34;
16 (2) IC 14-36-1; and
17 (3) IC 14-38-2;
18 if the activity poses not more than a minimal potential for harm.
19 (c) Except as provided in subsection (d), whenever the department
20 or the director has the authority to adopt rules under IC 4-22-2, the
21 commission shall exclusively exercise the authority in coordination
22 with the department.
23 (d) Interim rules adopted under section 5 of this chapter and
24 IC 4-22-2-37.2, or provisional rules under IC 4-22-2-37.1, shall be
25 adopted by the director.
26 (e) A person who violates a rule adopted by the commission
27 commits a Class C infraction, unless otherwise specified under state
28 law.
29 SECTION 18. IC 14-10-2-6 IS AMENDED TO READ AS
30 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) The commission
31 may issue a notice of violation to a person who violates a law
32 administered by the department for which a misdemeanor or an
33 infraction penalty is established. If the person:
34 (1) receives the notice; and
35 (2) fails to abate the violation within a period of not less than
36 fifteen (15) days specified in the notice;
37 the commission may impose a charge that does not exceed the
38 maximum amount that may be assessed by a court for committing the
39 violation.
40 (b) IC 4-21.5 applies to proceedings by the commission under this
41 section. The department has the burden of proving the alleged violation
42 by a preponderance of the evidence.
HB 1466—LS 7521/DI 107 16
1 (c) A separate notice of violation may be issued or a separate charge
2 imposed for each day a violation occurs.
3 (d) The person may establish as an affirmative defense the filing by
4 a prosecuting attorney of a misdemeanor information or infraction
5 complaint based on the same event as that upon which the notice of
6 violation was based. The person has the burden of proving the
7 affirmative defense.
8 (e) The remedy provided by this section is supplemental to other
9 remedies and subject to administrative adjudication under
10 IC 4-21.5.
11 SECTION 19. IC 14-10-2-8 IS ADDED TO THE INDIANA CODE
12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
13 1, 2025]: Sec. 8. A determination of the commission is subject to
14 administrative adjudication under IC 4-21.5.
15 SECTION 20. IC 14-11-1-3, AS AMENDED BY P.L.84-2016,
16 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2025]: Sec. 3. (a) A member of the commission or a division
18 director or a hearing officer appointed by the commission may do the
19 following:
20 (1) Administer oaths and certify to official acts.
21 (2) Require information from any person for purposes of this title.
22 (3) Issue subpoenas.
23 (4) Require the attendance of witnesses.
24 (5) Examine witnesses under oath.
25 (b) If a person fails to comply with an order issued under this
26 chapter or under IC 14-3-1 (before its repeal), the circuit court, superior
27 court, or probate court having jurisdiction over the person shall, on
28 request, require compliance with the order.
29 SECTION 21. IC 14-11-2-4 IS ADDED TO THE INDIANA CODE
30 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
31 1, 2025]: Sec. 4. A determination of the department is subject to
32 administrative adjudication under IC 4-21.5.
33 SECTION 22. IC 14-11-3-2 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) Except as
35 provided in IC 14-34-2-2, The commission shall hold all hearings
36 under IC 4-21.5 and IC 4-22-2.
37 (b) The office of administrative law proceedings shall conduct
38 all administrative adjudications under IC 4-15-10.5.
39 SECTION 23. IC 14-15-3-11 IS AMENDED TO READ AS
40 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11. (a) The commission
41 may adopt rules under IC 4-22-2 to exempt a small lake containing
42 more than seventy (70) acres from section 10 of this chapter if the
HB 1466—LS 7521/DI 107 17
1 following conditions exist:
2 (1) A majority of the abutting property owners petitions the
3 commission as provided in this section.
4 (2) An unreasonable hazard to persons would not result.
5 (3) An unreasonable harm to fish, wildlife, or botanical resources
6 would not result.
7 (b) A petition under this section must specify one (1) of the
8 following periods for exemption from section 10 of this chapter:
9 (1) Each day of the week (Sunday through Saturday) from 1 p.m.
10 to 4 p.m. (local time prevailing).
11 (2) Monday, Thursday, and Saturday from 1 p.m. to 4 p.m. (local
12 time prevailing).
13 (3) Saturday from 1 p.m. to 4 p.m. (local time prevailing).
14 (4) Each day of the week (Sunday through Saturday) from sunrise
15 to sunset if the small lake is owned, leased, or operated in whole
16 or in part by a political subdivision (as defined in IC 36-1-2-13).
17 (5) Each day of the week (Sunday through Saturday) from sunrise
18 to sunset if the small lake is connected by a natural channel to a
19 lake having a surface area of more than three hundred (300) acres.
20 (c) The commission may not establish a period that deviates from
21 the period requested in the petition. However, the commission may
22 adopt rules to establish restrictions for the safe operation of watercraft
23 if unusual conditions or hazards would otherwise result by granting the
24 exemption.
25 (d) The commission may adopt rules under IC 4-22-2 to rescind or
26 amend an exemption granted under subsection (a) if:
27 (1) a majority of the abutting property owners of a small lake that
28 has been exempted under this section petitions the commission in
29 substantial accordance with the appropriate corresponding
30 requirements of subsection (f) to rescind the exemption; or
31 (2) the commission determines that because of the exemption:
32 (A) there is an unreasonable hazard to persons; or
33 (B) unreasonable harm to fish, wildlife, or botanical resources
34 is occurring.
35 (e) Before the adoption of a rule under subsection (a), the
36 commission must certify that the petition represents a majority of the
37 abutting property owners. A determination under this subsection is
38 subject to an administrative adjudication under IC 4-21.5.
39 (f) A petition under this section must be in the following form:
40 To the State of Indiana
41 Department of Natural Resources
42 The undersigned, all owners of abutting property to (name of lake)
HB 1466—LS 7521/DI 107 18
1 and situated in ___________ County, Indiana, petition the department
2 to post time periods exempting (name of lake) from speed limits as
3 specified in IC 14-15-3-10 as follows:
4 (Petition to specify one (1) of the time periods listed above.)
5 We certify that, according to land and water acreage maps on file
6 with the department or certified survey attached, (name of lake) is less
7 than three hundred (300) acres and more than seventy (70) acres, as
8 specified in IC 14-15-3 and that the signatures listed on this petition
9 represent a majority of bona fide property owners of abutting property
10 of (name of lake), as recorded in the office of the county recorder of
11 (name of county). The department may verify the validity of the
12 signatures. We also understand and agree that this petition, when
13 certified, may not be changed or altered within two (2) years from the
14 date of the certification.
15 ______________________ _____________________
16 Signed	Lake Property Address
17 _____________________
18 Date
19 SECTION 24. IC 14-21-1-17 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. (a) Any person may
21 nominate a site or structure for addition to or removal from the register.
22 Upon approval of the nomination by the division, all affected persons
23 shall be notified.
24 (b) If an objection to the action is not filed with the division within
25 thirty (30) days after the notification date, the nomination is
26 automatically approved.
27 (c) If an objection is received within thirty (30) days, a designated
28 member of the review board shall hold a hearing and make a
29 determination. The review board shall make the final decision
30 regarding a nomination, subject to administrative review by the
31 commission and appeal under IC 4-21.5.
32 SECTION 25. IC 14-22-11-15, AS AMENDED BY P.L.164-2020,
33 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]: Sec. 15. (a) Each license and permit issued under this
35 article is issued upon the express condition, to which the licensee or
36 permittee by acceptance of the license or permit is considered to agree
37 and consent, that the licensee or permittee will obey and comply with
38 the following:
39 (1) All the terms, conditions, and rules:
40 (A) made by the director under this article; and
41 (B) incorporated in or attached to the license or permit when
42 issued.
HB 1466—LS 7521/DI 107 19
1 (2) This article.
2 (3) A wildlife law (as defined by IC 14-22-41-4(p)) while the
3 licensee is in another jurisdiction that has adopted the wildlife
4 violator compact (IC 14-22-41).
5 (b) A license or permit may be revoked or denied by the director at
6 any time without refund for any of the following:
7 (1) Failure to comply with or violation of the terms, conditions,
8 rules, or restrictions incorporated in or attached to the license or
9 permit when issued.
10 (2) Violation of this article.
11 (3) Violation of a wildlife law (as defined by IC 14-22-41-4(p))
12 occurring after October 31, 2000, by the licensee or permittee in
13 another jurisdiction that has adopted the wildlife violator compact
14 (IC 14-22-41).
15 (c) If a person's license or permit is revoked or denied because of a
16 violation described in subsection (b)(3), the person is entitled to a
17 review an administrative adjudication of the revocation or denial by
18 the commission. under IC 4-21.5. However, the commission
19 administrative law judge assigned by the office of administrative
20 law proceedings may not review the merits of the underlying violation
21 committed in another jurisdiction that prompted the revocation or
22 denial under the wildlife violator compact (IC 14-22-41).
23 (d) A person whose license or permit has been revoked or denied by
24 the director under this article may, by written request to the
25 commission and the office of administrative law proceedings, have
26 a hearing on the revocation or denial of issuance. Upon receipt of
27 written request for a hearing on the revocation, the commission office
28 of administrative law proceedings shall do the following:
29 (1) set a date for the hearing, which may not be more than fifteen
30 (15) thirty (30) days from the date of receipt of the request.
31 (2) Give the person requesting the hearing at least five (5) days
32 notice of the date of the hearing, which shall be held in the office
33 of the director.
34 (3) Receive and keep a record of all evidence presented by the
35 person.
36 (4) After considering the evidence presented at the hearing,
37 rescind or affirm the order revoking or denying the license or
38 permit.
39 (e) Every court having jurisdiction of an offense committed in
40 violation of an Indiana law for the protection of wildlife may, at the
41 court's discretion, revoke the license of the offender for a minimum of
42 at least one (1) year.
HB 1466—LS 7521/DI 107 20
1 (f) After a revocation, the court shall forward to the division a
2 record of the conviction of the person in the court for a violation of the
3 law. At the time of the conviction, the court shall do the following:
4 (1) Obtain the license certificate of the defendant.
5 (2) Return the license certificate to the division.
6 (g) Any denial or revocation of a permit or license under this section
7 is subject to the terms of the wildlife violator compact (IC 14-22-41).
8 SECTION 26. IC 14-22-15-5 IS AMENDED TO READ AS
9 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) The director may:
10 (1) refuse under IC 4-21.5-3-5 to grant, renew, or restore; or
11 (2) suspend or revoke under IC 4-21.5-3-6;
12 a license of an individual who fails to keep a record or make a report
13 required by section 4 of this chapter.
14 (b) A determination of the director under this section is subject
15 to an administrative adjudication under IC 4-21.5.
16 SECTION 27. IC 14-22-15.5-6, AS ADDED BY P.L.154-2019,
17 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2025]: Sec. 6. (a) The director may:
19 (1) refuse under IC 4-21.5-3-5 to grant, renew, or restore; or
20 (2) suspend or revoke under IC 4-21.5-3-6;
21 a hunting guide license of an individual who fails to keep a record or
22 make a report required under section 5 of this chapter.
23 (b) A determination of the director under this section is subject
24 to administrative adjudication under IC 4-21.5.
25 SECTION 28. IC 14-22-28-4, AS AMENDED BY P.L.219-2014,
26 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2025]: Sec. 4. (a) The director may have an investigation
28 made of a complaint that wild animals are causing damage or posing
29 a health or safety threat to persons or domestic animals. If it is found
30 that:
31 (1) the damage has not been caused by wild animals; or
32 (2) the person has not complied did not comply with the
33 requirements under this chapter or a rule adopted under this
34 chapter;
35 the director shall deny the a permit shall be denied according to the
36 procedures in IC 4-21.5.
37 (b) A denial under this section is subject to administrative
38 adjudication under IC 4-21.5.
39 SECTION 29. IC 14-22-32-5 IS AMENDED TO READ AS
40 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. If a person violates
41 section 2(1) of this chapter, the department shall enter a recommended
42 order to dispose of any game bird or exotic mammal the person owns,
HB 1466—LS 7521/DI 107 21
1 keeps, harbors, or otherwise possesses. Before the order becomes a
2 final determination of the department, a hearing must be held under
3 IC 4-21.5-3. The hearing shall be conducted by an administrative law
4 judge for the commission. in the office of administrative law
5 proceedings. The determination of the administrative law judge is a
6 final agency action subject to administrative adjudication under
7 IC 4-21.5-1-6. IC 4-21.5.
8 SECTION 30. IC 14-24-1-4 IS REPEALED [EFFECTIVE JULY 1,
9 2025]. Sec. 4. The commission is the ultimate authority (as defined in
10 IC 4-21.5-1-15) for the department under this article.
11 SECTION 31. IC 14-24-3-9 IS REPEALED [EFFECTIVE JULY 1,
12 2025]. Sec. 9. The commission shall establish standards for
13 determining expenses and attorney's fees under IC 14-24-11-5.
14 SECTION 32. IC 14-24-5-7 IS AMENDED TO READ AS
15 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) If a pest or
16 pathogen is discovered by an inspection under this chapter, the division
17 shall provide a written notice to the person that owns or controls the
18 premises or plant where the pest or pathogen is located.
19 (b) The notice must include the following:
20 (1) A description of the action that is needed to destroy or control
21 the pest or pathogen.
22 (2) The date by which the action must be taken.
23 (c) The notice may provide that infested plants may not be sold or
24 transported from the site of inspection until the pest or pathogen is
25 successfully treated.
26 (d) A written notice issued under this section is effective when
27 served. A person that is aggrieved by the notice may request
28 administrative review an administrative adjudication of the notice
29 under IC 4-21.5-3-6. In addition, an aggrieved person may seek
30 temporary relief from the notice under IC 4-21.5-4. Unless otherwise
31 agreed to by the parties, a hearing on temporary relief must be
32 conducted within five (5) thirty (30) days of receipt of the hearing
33 request in the county where the infested plants are located.
34 SECTION 33. IC 14-24-8-2 IS AMENDED TO READ AS
35 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) If a pest or
36 pathogen is discovered as a result of an inspection under this chapter,
37 the division shall provide a written notice of the discovery to the person
38 that owns or controls the apiary.
39 (b) The notice must include the following:
40 (1) A description of the action needed to destroy or control the
41 pest or pathogen.
42 (2) The date by which the action must be taken.
HB 1466—LS 7521/DI 107 22
1 (c) The notice may provide that bees may not be sold or transported
2 from the apiary until the pest or pathogen is successfully treated. The
3 notice may require that bees shall be transferred to movable frame
4 hives within a specified time and that, if the transfer is not performed
5 as specified, the division director may order the destruction of all hives
6 and bees dwelling in the hives.
7 (d) A written notice issued under this section is effective when
8 served. A person who is aggrieved by the notice may request
9 administrative review an administrative adjudication under
10 IC 4-21.5-3-6. In addition, an aggrieved person may seek temporary
11 relief from the notice under IC 4-21.5-4. Unless otherwise agreed by
12 the parties, a hearing on temporary relief must be conducted within five
13 (5) days of receipt of the hearing request in the county where the apiary
14 is located. at a location convenient for both parties or virtually.
15 SECTION 34. IC 14-24-11-5 IS REPEALED [EFFECTIVE JULY
16 1, 2025]. Sec. 5. If an order is issued:
17 (1) under this article or under IC 14-7 (before its repeal); or
18 (2) as a result of an administrative proceeding under this article
19 or IC 14-7 (before its repeal);
20 the court or the director may assess against a party to the proceeding
21 the costs and expenses, including attorney's fees, incurred by the person
22 with respect to the proceedings, including a judicial review of a final
23 agency action. The award of attorney's fees shall be based on a
24 schedule of attorney's fees established by rules of the commission.
25 SECTION 35. IC 14-25-1-8, AS AMENDED BY P.L.151-2012,
26 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2025]: Sec. 8. Whenever a dispute arises between the users of
28 surface water in a watershed area, any party to the dispute may make
29 a formal request that the commission an administrative law judge
30 with the office of administrative law proceedings mediate the
31 dispute using the mediation provisions under IC 4-21.5-3.5.
32 SECTION 36. IC 14-25-4-20 IS AMENDED TO READ AS
33 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 20. (a) Upon the
34 declaration of a ground water emergency under section 9 of this
35 chapter, the director shall, by temporary order, require the immediate
36 temporary provision at the prior point of use of an adequate supply of
37 potable water. A temporary order under section 9 or 10 of this chapter
38 remains in effect for ninety (90) days unless:
39 (1) terminated by the director before the expiration of ninety (90)
40 days; or
41 (2) extended under IC 4-21.5-4-5(b) during the pendency of a
42 proceeding under section 18(2) and 18(3) of this chapter.
HB 1466—LS 7521/DI 107 23
1 (b) The commission shall implement section 18(2) and 18(3) of this
2 chapter by order. Before the commission enters an initial determination
3 of the order, the department shall conduct an investigation and provide
4 affected persons with an informal opportunity to contribute to the
5 investigation. All final orders An action of the commission shall must
6 be issued under IC 4-21.5-3.
7 SECTION 37. IC 14-25-5-13 IS AMENDED TO READ AS
8 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) A temporary
9 order issued under section 7 of this chapter or under IC 13-2-2.6-10
10 (before its repeal) must include a notice of hearing to be held under
11 IC 4-21.5-4 as soon as practicable after the declaration of the
12 freshwater lake emergency. Following the hearing, the director may
13 continue, amend, or terminate the freshwater lake emergency order
14 issued under section 7 of this chapter or under IC 13-2-2.6-10 (before
15 its repeal).
16 (b) If a freshwater lake emergency order issued under section 7 of
17 this chapter or under IC 13-2-2.6-10 (before its repeal) is terminated
18 after a bond under section 10 of this chapter or under IC 13-2-2.6-13
19 (before its repeal) has been filed, the termination order must provide
20 for the immediate release of the bond.
21 SECTION 38. IC 14-25-5-14 IS AMENDED TO READ AS
22 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. Upon application
23 by the director or a lake owner, the commission may cause a temporary
24 order issued under section 7 of this chapter or under IC 13-2-2.6-10
25 (before its repeal) to be made a permanent order. A permanent order is
26 subject to an administrative adjudication under IC 4-21.5-3-6.
27 SECTION 39. IC 14-25-15-12, AS ADDED BY P.L.4-2008,
28 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 12. (a) This section governs any status
30 determination of a baseline under section 4.12.2 of the compact for
31 each of the following from the Indiana portion of the basin:
32 (1) The total withdrawal capability registered under
33 IC 14-25-7-15(c)(3) is deemed the existing withdrawal approval
34 amount for section 4.12.2.a.i of the compact.
35 (2) A consumptive use attributable to a facility described in
36 IC 14-25-7-15(a)(1).
37 (3) A facility that diverts water outside the basin.
38 (b) The department shall make each determination required under
39 subsection (a) following an investigation. Before completing the
40 investigation, the department shall:
41 (1) inform the owner of the facility of the amount of any proposed
42 baseline; and
HB 1466—LS 7521/DI 107 24
1 (2) provide the owner with a period of at least thirty (30) days to
2 offer documentation the owner believes would properly modify
3 the proposed baseline amount.
4 (c) The department shall provide notice under IC 4-21.5-3-5 of a
5 status determination under this section to the owner of the facility for
6 which the determination is made.
7 (d) The owner of a facility for which a status determination is made
8 under this section is the only person with standing to seek
9 administrative review an administrative adjudication of the
10 determination under IC 4-21.5.
11 SECTION 40. IC 14-25.5-2-3 IS AMENDED TO READ AS
12 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. A notice of violation
13 issued under this chapter must include the following:
14 (1) The nature of the violation.
15 (2) The action that is appropriate to mitigate the violation.
16 (3) The date by which the violation must be mitigated.
17 (4) The procedure to obtain administrative review an
18 administrative adjudication under IC 4-21.5 if a person is
19 aggrieved by the issuance of the notice of violation.
20 SECTION 41. IC 14-25.5-2-5 IS AMENDED TO READ AS
21 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. A notice of violation
22 issued under this chapter becomes effective without a proceeding under
23 IC 4-21.5-3 unless a person requests administrative review an
24 administrative adjudication under IC 4-21.5-3-6 within thirty (30)
25 days after receipt of the notice.
26 SECTION 42. IC 14-25.5-2-7, AS ADDED BY P.L.191-2023,
27 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 7. (a) Subsection (b) applies if a person was
29 issued a notice of violation under IC 14-27-7.5-11 for a structure that
30 is classified by the department as a high hazard structure under the
31 hazard classification system in IC 14-27-7.5-8(b)(1) and:
32 (1) the person:
33 (A) has exhausted all available administrative remedies under
34 IC 4-21.5 relating to the violation; and
35 (B) did not initiate judicial review of the department's
36 enforcement action under IC 4-21.5-5 within the period
37 allowed by IC 4-21.5-5-5;
38 (2) the person has initiated judicial review of the department's
39 enforcement action under IC 4-21.5-5 but the court did not set
40 aside the enforcement action; or
41 (3) the person has entered into a settlement agreement with the
42 department concerning the violation.
HB 1466—LS 7521/DI 107 25
1 (b) The division may file an affidavit for recording in the county
2 recorder's office of the county in which the property on which the
3 violation or deficiency referred to in the notice of violation exists.
4 When filing an affidavit for recording under this section, the division
5 shall pay to the county recorder the fee charged for the recording of a
6 document in the deed records of the county.
7 (c) An affidavit filed under this section must:
8 (1) include a sworn statement that a violation or deficiency exists
9 on the property that is the subject of the notice of violation;
10 (2) be recorded by the county recorder in the deed records of the
11 county in accordance with IC 36-2-7-10 and IC 36-2-11-16.5;
12 (3) be designed and worded so as to provide notice to the public,
13 including any contractor or other person that intends to perform
14 construction work on the property on which the violation or
15 deficiency referred to in the notice of violation exists; and
16 (4) include:
17 (A) the full legal description of the property; and
18 (B) the most current name of the owner of the property as
19 shown in the records of the auditor of the county where the
20 property is located.
21 (d) When the violation or deficiency referred to in the notice of
22 violation is resolved, the department shall file a release of the affidavit
23 with the county recorder to remove the affidavit from the deed records
24 of the county. The release filed under this subsection must:
25 (1) include a reference to the affidavit; and
26 (2) meet the recording requirements specified in IC 36-2-11-15
27 through IC 36-2-11-16.5.
28 The department shall pay to the county recorder the fee charged for
29 recording the release.
30 (e) The presence of an affidavit recorded under this section in the
31 deed records of the county in which the property referred to in the
32 affidavit is located does not:
33 (1) constitute a judgment lien against the property;
34 (2) invalidate the conveyance, purchase, lease, or acquisition of
35 the property; or
36 (3) deprive the holder of title to the property of marketable record
37 title (as defined in IC 32-20-2-2) for the purposes of IC 32-20.
38 SECTION 43. IC 14-25.5-4-4, AS AMENDED BY P.L.195-2014,
39 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 4. (a) A civil penalty assessed for a violation
41 described in section 3 of this chapter is subject to IC 4-21.5-3-6 and
42 becomes effective without a proceeding under IC 4-21.5-3 unless a
HB 1466—LS 7521/DI 107 26
1 person requests an administrative review within an administrative
2 adjudication under IC 4-21.5 not later than thirty (30) days after
3 receipt of the notice of assessment.
4 (b) A civil penalty that is assessed for a violation described in
5 section 3 of this chapter shall be deposited in the fund.
6 SECTION 44. IC 14-26-2-24, AS ADDED BY P.L.6-2008,
7 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2025]: Sec. 24. (a) Relying on recommendations of the
9 department and the advisory council established by IC 14-9-6-1, the
10 commission shall adopt, under IC 4-22-7-7(a)(5)(A), and maintain a
11 nonrule policy statement that lists the public freshwater lakes in
12 Indiana. For each public freshwater lake the statement must include the
13 following information:
14 (1) The name of the lake.
15 (2) The county and specific location within the county where the
16 lake is located.
17 (b) A person may obtain administrative review an administrative
18 adjudication from the commission office of administrative law
19 proceedings for the listing or nonlisting of a lake as a public
20 freshwater lake through a licensure action, status determination, or
21 enforcement action under IC 4-21.5.
22 SECTION 45. IC 14-27-7.3-14, AS ADDED BY P.L.104-2020,
23 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 14. (a) A person may appeal an administrative
25 decision or penalty assessed under this chapter to the commission.
26 under IC 4-21.5.
27 (b) IC 4-21.5 applies to proceedings by the commission under this
28 section.
29 SECTION 46. IC 14-27-7.5-16, AS AMENDED BY P.L.129-2022,
30 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]: Sec. 16. (a) A property owner, the owner's
32 representative, or an individual who resides downstream from a
33 structure:
34 (1) over which the department does not have jurisdiction under
35 this chapter; and
36 (2) that the property owner, the owner's representative, or the
37 individual believes would cause a loss of life or serious damage
38 to the person's home, industrial or commercial building, public
39 utility, major highway, or railroad if the structure fails;
40 may request in writing that the department declare the structure a high
41 hazard structure.
42 (b) If the department receives a request under subsection (a), the
HB 1466—LS 7521/DI 107 27
1 department shall:
2 (1) investigate the structure and the area downstream from the
3 structure;
4 (2) notify the owner of the structure that the structure is being
5 investigated;
6 (3) review written statements and technical documentation from
7 any interested party; and
8 (4) after considering the available information, determine whether
9 or not the structure is a high hazard structure.
10 (c) The department shall issue a written notice of the department's
11 determination under subsection (b) to:
12 (1) the individual who requested the determination; and
13 (2) the owner of the structure that is the subject of the request.
14 (d) Either:
15 (1) the individual who requested a determination; or
16 (2) the owner of the structure that is the subject of the request;
17 may request an administrative review an administrative adjudication
18 under IC 4-21.5-3-6 within thirty (30) days after receipt of the written
19 determination.
20 (e) If the department determines that a structure is a high hazard
21 structure under subsection (b), the provisions of this chapter
22 concerning high hazard structures apply to the structure.
23 SECTION 47. IC 14-28-1-6 IS AMENDED TO READ AS
24 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. Each county agent,
25 city engineer, county engineer, county surveyor, and state agency shall
26 obtain, provide, and furnish pertinent data and information that is
27 requested by an order of the commission or the office of
28 administrative law proceedings, subject to the approval of the
29 governor.
30 SECTION 48. IC 14-28-1-28 IS AMENDED TO READ AS
31 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 28. (a) The commission
32 may by order:
33 (1) establish a floodway as a commission floodway; and
34 (2) alter, change, or revoke and terminate the commission
35 floodway.
36 (b) In the order establishing the commission floodway, the
37 commission shall fix the following:
38 (1) The floodway's length at any practical distance.
39 (2) The floodway's width or the landside limits so as to include
40 parts of the flood plains adjoining the channel that, with the
41 channel, are reasonably required to efficiently carry and discharge
42 the flood waters or flood flow of the river or stream.
HB 1466—LS 7521/DI 107 28
1 (c) Notwithstanding any other provision of law, an order
2 establishing a commission floodway is not in force until notice has
3 been given as follows:
4 (1) In writing to the county executive in the county affected.
5 (2) By publication at least two (2) times, seven (7) days apart, as
6 follows:
7 (A) In two (2) daily newspapers in the city of Indianapolis as
8 provided in IC 5-3-1-6.
9 (B) In newspapers in the counties where all or part of the
10 commission floodway is established as provided in IC 5-3-1-6.
11 (d) All of the area within a commission floodway is the floodway for
12 all purposes of this chapter.
13 (e) A determination by the commissioner under this section is
14 subject to an administrative adjudication under IC 4-21.5.
15 SECTION 49. IC 14-28-1-30 IS AMENDED TO READ AS
16 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 30. IC 4-21.5 applies
17 to a determination of the commission.
18 SECTION 50. IC 14-30.5-2-2, AS ADDED BY P.L.251-2023,
19 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]: Sec. 2. (a) If one (1) county executive submits an
21 ordinance and a written request for recognition of a proposed
22 watershed development commission under section 1(c) of this chapter,
23 the natural resources commission shall decide under subsections (c)
24 through (e) whether to recognize the proposed commission.
25 (b) If the county executives of two (2) or more counties submit
26 ordinances and written requests under section 1(c) of this chapter for
27 recognition of a single proposed watershed development commission
28 empowered to act in a single designated watershed that includes areas
29 within both or all of the counties:
30 (1) the natural resources commission may not decide whether to
31 recognize the proposed commission unless the provisions of the
32 ordinances submitted under section 1(c)(1) of this chapter are
33 essentially identical in:
34 (A) identifying the designated watershed; and
35 (B) stating the purposes of the proposed commission; and
36 (2) if the natural resources commission determines that the
37 requirement set forth in subdivision (1) is met, the natural
38 resources commission shall decide under subsections (c) through
39 (e) whether to recognize the proposed commission.
40 (c) Before making a decision whether to recognize a proposed
41 commission under this section, the natural resources commission shall
42 hold at least one (1) public hearing concerning the proposed
HB 1466—LS 7521/DI 107 29
1 commission in each county whose executive submitted an ordinance
2 and a written request for recognition of the proposed commission under
3 section 1(c) of this chapter. Any interested person attending a public
4 hearing held under this subsection shall have the right to:
5 (1) address the natural resources commission; and
6 (2) provide written comments;
7 on whether the proposed commission should be established. An officer
8 or employee of the division of hearings of The natural resources
9 commission may on behalf of the natural resources commission,
10 convene the meeting, record the testimony given, and receive the
11 written comments provided.
12 (d) The natural resources commission shall give notice of a public
13 hearing to be held under subsection (c):
14 (1) by publication at least one (1) time in one (1) newspaper of
15 general circulation in the county in which the hearing will be
16 held; and
17 (2) through the website of the natural resources commission.
18 (e) In deciding whether to recognize a proposed commission, the
19 natural resources commission shall determine the answer to each of the
20 following questions:
21 (1) Are the purposes for which the proposed commission would
22 be established, as set forth in the ordinance or ordinances under
23 section 1(b)(3) of this chapter, within the purposes set forth in
24 IC 14-30.5-3-1 for which a watershed development commission
25 may be established?
26 (2) Do the purposes of the proposed commission, as set forth in
27 the ordinance or ordinances under section 1(b)(3) of this chapter,
28 correspond to legitimate flood damage reduction, drainage, storm
29 water management, recreation, or water infrastructure needs of
30 each county seeking establishment of the commission, as set forth
31 under section 1(b)(4) of this chapter?
32 (3) Is it reasonable to expect that the establishment of a
33 commission having powers under this article only in the county
34 or counties from which the ordinance or ordinances were
35 submitted under section 1(c)(1) of this chapter would effectively
36 address the flood damage reduction, drainage, storm water
37 management, recreation, or water infrastructure needs of each
38 county that submitted an ordinance under section 1(c)(1) of this
39 chapter?
40 (4) Is it reasonable to expect that the establishment of a
41 commission that has powers under this article only in the area or
42 areas inside the geographic boundaries of the designated
HB 1466—LS 7521/DI 107 30
1 watershed would effectively address the flood damage reduction,
2 drainage, storm water management, recreation, or water
3 infrastructure needs of each county that submitted an ordinance
4 under section 1(c)(1) of this chapter?
5 (5) Is the territory of the proposed commission at least as large as
6 the entirety of the same eight (8) digit U.S. Geological Survey
7 hydrologic unit code?
8 (6) Has a regional watershed study or watershed management
9 plan been conducted in consultation with the Indiana finance
10 authority and the department of natural resources that assesses
11 water use, water quality, drinking water systems, wastewater
12 management systems, storm water management, flood control,
13 drainage management, recreational uses, natural resources, and
14 water infrastructure needs of the watershed of the proposed
15 commission? If so, can the establishment of the proposed
16 commission be expected to address the needs identified in that
17 study or management plan?
18 (f) If:
19 (1) one (1) county's executive submits an ordinance and a request
20 for recognition of a proposed commission under section 1(c) of
21 this chapter; and
22 (2) the natural resources commission answers all of the questions
23 set forth in subsection (e) favorably;
24 the natural resources commission shall issue an order recognizing the
25 watershed development commission and recognizing the county
26 referred to in subdivision (1) as a member of the watershed
27 development commission.
28 (g) If:
29 (1) executives of two (2) or more counties submit ordinances and
30 requests for recognition of a proposed watershed development
31 commission under section 1(c) of this chapter; and
32 (2) the natural resources commission answers all of the questions
33 set forth in subsection (e) favorably with respect to at least one (1)
34 of the counties;
35 the natural resources commission shall issue an order recognizing the
36 watershed development commission and recognizing as a member of
37 the watershed development commission each county with respect to
38 which the natural resources commission answered all of the questions
39 set forth in subsection (e) favorably.
40 (h) If the natural resources commission does not answer all of the
41 questions set forth in subsection (e) favorably with respect to a county,
42 the natural resources commission shall:
HB 1466—LS 7521/DI 107 31
1 (1) inform the executive of the county in writing of its decision;
2 and
3 (2) specify in the writing the reason or reasons for each
4 unfavorable answer.
5 (i) The action of the natural resources commission under this section
6 in declining to recognize a proposed watershed development
7 commission for a particular watershed does not preclude the later
8 submission of one (1) or more new ordinances and written requests for
9 recognition of a proposed watershed development commission for the
10 same designated watershed.
11 (j) An action of the natural resources commission under this section
12 declining to recognize a particular county as a member of a watershed
13 development commission does not preclude the later submission of:
14 (1) another ordinance and written request under section 1(c) of
15 this chapter for recognition of the county as a member of another
16 proposed watershed development commission; or
17 (2) an ordinance and written request under section 4 or 5 of this
18 chapter proposing the county for membership in an established
19 watershed development commission.
20 SECTION 51. IC 14-30.5-2-6, AS ADDED BY P.L.251-2023,
21 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2025]: Sec. 6. (a) A county to which section 4 or 5 of this
23 chapter applies may not become a member of an existing watershed
24 development commission unless:
25 (1) the executives of all of the counties that are members of the
26 existing commission adopt ordinances accepting the county as a
27 member county of the existing commission; and
28 (2) the natural resources commission issues an order under this
29 section recognizing the county as a member county of the existing
30 commission.
31 (b) Before making a decision whether to recognize a county as a
32 member county of an existing commission under this section, the
33 natural resources commission shall hold at least one (1) public hearing
34 in the county concerning the proposed membership of the county in the
35 existing commission. Any interested person attending a public hearing
36 held under this subsection shall have the right to:
37 (1) address the natural resources commission; and
38 (2) provide written comments;
39 concerning the proposed membership of the county in the existing
40 commission. An officer or employee of the division of hearings of The
41 natural resources commission may on behalf of the natural resources
42 commission, convene the meeting, record the testimony given, and
HB 1466—LS 7521/DI 107 32
1 receive the written comments provided.
2 (c) The natural resources commission shall give notice of a public
3 hearing to be held under subsection (b):
4 (1) by publication at least one (1) time in one (1) newspaper of
5 general circulation in the county in which the hearing will be
6 held; and
7 (2) through the website of the natural resources commission.
8 (d) In deciding whether to recognize a county to which section 4 or
9 5 of this chapter applies as a member of an existing commission, the
10 natural resources commission shall determine the answer to each of the
11 following questions:
12 (1) Do the stated purposes for which the watershed development
13 commission was established correspond to the flood damage
14 reduction, drainage, storm water management, recreation, or
15 water infrastructure needs of the county, as stated under section
16 4(b)(3) or 5(b)(3) of this chapter?
17 (2) Is it reasonable to expect that the county's flood damage
18 reduction, drainage, storm water management, recreation, or
19 water infrastructure needs, as stated under section 4(b)(3) or
20 5(b)(3) of this chapter, would be addressed more effectively if the
21 county were a member of the existing commission than those
22 needs have previously been addressed?
23 (3) Would the county's membership in the existing commission
24 diminish the effectiveness of the existing watershed development
25 commission in addressing the flood damage reduction, drainage,
26 storm water management, recreation, or water infrastructure
27 needs of other member counties?
28 (4) Is the territory of the proposed commission at least as large as
29 the entirety of the same eight (8) digit U.S. Geological Survey
30 hydrologic unit code?
31 (5) Has a regional watershed study or watershed management
32 plan been conducted in consultation with Indiana finance
33 authority and the department of natural resources that assesses
34 water use, water quality, drinking water systems, wastewater
35 management systems, storm water management, flood control,
36 drainage management, recreational uses, natural resources, and
37 water infrastructure needs of the watershed of the proposed
38 commission? If so, can the establishment of the proposed
39 commission be expected to address the needs identified in that
40 study or management plan?
41 (e) If the natural resources commission answers all of the questions
42 set forth in subsection (d) favorably, the natural resources commission
HB 1466—LS 7521/DI 107 33
1 shall issue an order recognizing the membership of the county in the
2 existing commission.
3 (f) If the natural resources commission does not answer all of the
4 questions set forth in subsection (d) favorably, the natural resources
5 commission shall inform the executive of the county to which section
6 4 or 5 of this chapter applies in writing of its decision and specify in the
7 writing the reason or reasons for each unfavorable answer.
8 (g) An action of the natural resources commission under this section
9 declining to recognize a county as a member of an established
10 watershed development commission does not preclude the later
11 submission of another ordinance under section 4 or 5 of this chapter
12 seeking membership for the county in an existing commission.
13 SECTION 52. IC 14-31-3-11 IS AMENDED TO READ AS
14 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11. (a) The department
15 may after notice and a hearing, revoke or suspend the license of a
16 person who violates this chapter. All proceedings under this chapter to
17 revoke or suspend a license shall be conducted in the manner
18 prescribed by IC 4-21.5-3. are subject to IC 4-21.5.
19 (b) If a court determines that a person has violated this chapter, the
20 court may, in addition to any other penalty, do the following:
21 (1) Suspend or revoke the license of the person for any period of
22 time for which the license was issued.
23 (2) Order that a license not be issued to the person for a period not
24 longer than five (5) years.
25 SECTION 53. IC 14-33-6-4, AS AMENDED BY P.L.56-2023,
26 SECTION 134, IS AMENDED TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The commission shall do the
28 following:
29 (1) Review each district plan.
30 (2) Request the technical assistance of any other state agency,
31 including:
32 (A) the environmental rules board;
33 (B) the Indiana department of health; and
34 (C) the department of environmental management;
35 having administrative jurisdiction over any of the purposes of the
36 district.
37 (b) The commission may also request technical assistance of any
38 federal agency.
39 (c) The commission shall approve a plan if the following conditions
40 are met:
41 (1) Any other state agency having authority over certain purposes
42 of the district has approved that part of the plan.
HB 1466—LS 7521/DI 107 34
1 (2) The commission finds that the plan accomplishes in an
2 economical manner the purpose for which the district is
3 established.
4 (d) The commission may reject a plan or any part of a plan. The
5 board may make the changes that are necessary to secure the approval
6 of the commission.
7 (e) A determination of the commission under this section is
8 subject to an administrative adjudication under IC 4-21.5.
9 SECTION 54. IC 14-34-2-2, AS AMENDED BY P.L.128-2024,
10 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 2. (a) The commission shall appoint the following:
12 (1) An administrative law judge to conduct proceedings under
13 IC 4-21.5. An administrative law judge is subject to IC 14-10-2-2.
14 (2) A hearing officer to conduct proceedings under IC 4-22-2.
15 (b) (a) An administrative law judge with the office of
16 administrative law proceedings is the ultimate authority for the
17 department for any an administrative review adjudication proceeding
18 under this article. except for the following:
19 (1) Proceedings concerning the approval or disapproval of a
20 permit application or permit renewal under IC 14-34-4-13.
21 (2) Proceedings for suspension or revocation of a permit under
22 IC 14-34-15-7.
23 (3) Proceedings consolidated with the office of administrative law
24 proceedings under IC 14-10-2-2.5.
25 (c) (b) An order made by an administrative law judge with the
26 office of administrative law proceedings granting or denying
27 temporary relief from a decision of the director is a final order. of the
28 department.
29 (d) (c) Judicial review of a final order made by an administrative
30 law judge with the office of administrative law proceedings under
31 subsection (b) or (c) this section or under IC 13-4.1-2-1(c) or
32 IC 13-4.1-2-1(d) (before their repeal) may be taken under IC 4-21.5-5.
33 SECTION 55. IC 14-34-2-7 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) After the
35 commission has adopted rules as required by section 1 of this chapter,
36 any person may petition the commission to initiate a proceeding for the
37 adoption, amendment, or repeal of a rule adopted to enforce this article.
38 (b) The petition must set forth facts that the petitioner claims
39 necessitate the adoption, amendment, or repeal of the rule described in
40 subsection (a).
41 (c) The petition must specify the petitioner's proposed adoption,
42 amendment, or repeal of a rule.
HB 1466—LS 7521/DI 107 35
1 (d) Upon receipt of the petition, the commission may conduct any
2 necessary investigations and hold a public hearing that is not subject
3 to IC 4-21.5 to determine whether the petition should be granted. The
4 commission may not hold a public hearing if the petition is incomplete.
5 (e) Within ninety (90) days of receipt of the petition, the
6 commission shall either grant or deny the petition. If the petition is
7 granted, the commission shall adopt, amend, or repeal the rule under
8 IC 4-22-2. The commission shall send written notice to the petitioner
9 setting forth the reasons for granting or denying the petition.
10 (f) A determination under this section is subject to an
11 administrative adjudication under IC 4-21.5.
12 SECTION 56. IC 14-34-4-13 IS AMENDED TO READ AS
13 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) Within Not
14 later than thirty (30) days after an applicant is notified of the approval
15 or disapproval of an application:
16 (1) the applicant; or
17 (2) any person with an interest that is or may be adversely
18 affected;
19 may request a hearing under IC 4-21.5 on the reasons for the final
20 determination. The request must identify the person's interest that is or
21 may be affected by the approval or disapproval of the application.
22 (b) Upon receipt of a request for a hearing under subsection (a), the
23 commission shall do the following:
24 (1) Hold a hearing within thirty (30) days of the receipt of the
25 request.
26 (2) Notify the applicant and all interested parties of the time and
27 place of the hearing.
28 (3) Conduct the hearing and proceedings in accordance with
29 IC 4-21.5. For all hearings and proceedings commenced after July
30 1, 1991, the commission is limited to the record before the
31 director.
32 (c) (b) Within Not later than thirty (30) days after the an
33 evidentiary hearing, the commission office of administrative law
34 proceedings shall furnish:
35 (1) the applicant; and
36 (2) all persons who participated in the hearing;
37 a written decision and state the reasons for the decision.
38 SECTION 57. IC 14-34-4-17 IS AMENDED TO READ AS
39 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. If a hearing is
40 requested under section 13 of this chapter, the commission
41 administrative law judge may under the conditions that the
42 commission prescribes, grant appropriate temporary relief pending
HB 1466—LS 7521/DI 107 36
1 final determination of the proceedings if the following conditions are
2 met:
3 (1) All parties to the proceedings are notified and given an
4 opportunity to be heard on a request for temporary relief.
5 (2) The person requesting temporary relief shows a substantial
6 likelihood that the person will prevail on the merits of the final
7 determination of the proceeding.
8 (3) Temporary relief will not adversely affect the public health or
9 safety or cause significant imminent environmental harm to land,
10 air, or water resources.
11 SECTION 58. IC 14-34-6-11, AS AMENDED BY P.L.152-2021,
12 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 11. (a) If written objections are filed and a hearing
14 requested under section 10 of this chapter, the director shall do the
15 following:
16 (1) Inform all the interested parties of the date, time, and location
17 of the hearing.
18 (2) Publish notice of the information one (1) time each week for
19 two (2) consecutive weeks:
20 (A) with each publication of notice in a newspaper of general
21 circulation in the county where the surface coal mining and
22 reclamation operation proposed for bond release is located; or
23 (B) with the first publication of notice in the newspaper
24 described in clause (A) and the second publication of notice:
25 (i) in accordance with IC 5-3-5; and
26 (ii) on the official web site of the county where the surface
27 coal mining and reclamation operation proposed for bond
28 release is located.
29 (b) The director shall hold the public hearing in accordance with
30 IC 14-34-4-5:
31 (1) in the county where the surface coal mining and reclamation
32 operation proposed for bond release is located; or
33 (2) at the state capital;
34 at the option of the objector, within thirty (30) days of the request for
35 the hearing.
36 (c) At a public hearing held under this section, the director may
37 inspect the land affected and other surface coal mining operations
38 carried on by the applicant in the vicinity.
39 (d) The director shall notify the permittee in writing of the decision
40 and findings of the hearing within thirty (30) days of the completion of
41 the hearing.
42 (e) The director's decision is subject to an administrative
HB 1466—LS 7521/DI 107 37
1 adjudication under IC 4-21.5.
2 SECTION 59. IC 14-34-16-1 IS AMENDED TO READ AS
3 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) The director:
4 (1) may, after an opportunity for a public hearing under
5 IC 4-21.5-3, assess a civil penalty on a permittee who violates:
6 (A) this article; or
7 (B) IC 13-4.1 (before its repeal); and
8 (2) shall, if the director has issued a cessation order for the
9 violation to the permittee, assess a civil penalty.
10 (b) The civil penalty assessed under this section may be in an
11 amount of not more than five thousand dollars ($5,000) for each
12 violation.
13 (c) If an operator fails to correct a violation for which a notification
14 has been issued under:
15 (1) IC 13-4.1-11-4 (before its repeal); or
16 (2) IC 14-34-15-5;
17 in the allotted time for correction, the director may, if a civil penalty is
18 assessed, assess a civil penalty of not less than seven hundred fifty
19 dollars ($750) for each day during which the failure or violation
20 continues.
21 (d) The time for correction of a violation does not end until the entry
22 of:
23 (1) a final order by the director, for review proceedings initiated
24 by the operator if the director orders, after an expedited hearing,
25 the suspension of the abatement requirements of the citation
26 based upon a determination that the operator will suffer
27 irreparable loss or damage from the application of those
28 requirements; or
29 (2) an order of the court, for review proceedings initiated by the
30 operator if the court orders the suspension of the abatement
31 requirements of the citation.
32 (e) A civil penalty under this section is subject to an
33 administrative adjudication under IC 4-21.5.
34 SECTION 60. IC 14-34-16-4 IS AMENDED TO READ AS
35 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) Upon the
36 issuance of a notice or an order charging that a violation of IC 13-4.1
37 (before its repeal) or this article has occurred, the director shall, within
38 thirty (30) days, do the following:
39 (1) Inform the permittee of the amount of penalty assessed.
40 (2) Issue an order to the permittee to pay the penalty.
41 (b) The permittee has thirty (30) days from receipt of the order to:
42 (1) pay the penalty; or
HB 1466—LS 7521/DI 107 38
1 (2) request a hearing to contest the amount.
2 (c) If the permittee requests a hearing, the permittee shall forward
3 an amount equal to the assessed penalty to the director, who shall place
4 the amount in an escrow account. A permittee who desires to contest
5 the violation or amount of penalty assessed but fails to forward the
6 amount to the director waives all legal rights to contest the violation or
7 amount of penalty assessed.
8 (d) The commission:
9 (1) shall conduct the hearing in accordance with IC 4-21.5-3; and
10 (2) may consolidate this hearing with a hearing conducted under
11 IC 14-34-15 if appropriate.
12 (e) (d) If it is determined at the hearing that the civil penalty is
13 appropriate, the commission shall issue to the permittee a written
14 decision and an order to pay the penalty within thirty (30) days of
15 receipt of the order.
16 (f) (e) If, through administrative or judicial review of the assessed
17 penalty:
18 (1) it is determined that a violation did not occur; or
19 (2) the amount of penalty is reduced;
20 the director shall, within thirty (30) days of the decision, remit the
21 appropriate amount to the permittee with interest at the rate of eight
22 percent (8%) per year.
23 (f) A civil penalty under this section is subject to an
24 administrative adjudication under IC 4-21.5.
25 SECTION 61. IC 14-36-1-32 IS AMENDED TO READ AS
26 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 32. IC 4-21.5 applies
27 to a determination made under this chapter.
28 SECTION 62. IC 14-37-3-17 IS AMENDED TO READ AS
29 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. An order resulting
30 from an informal hearing under section 16 of this chapter is subject to
31 administrative review an administrative adjudication under
32 IC 4-21.5, except an order under section 16(1) of this chapter, which
33 is subject to review under IC 4-22-2.
34 SECTION 63. IC 14-37-8-10 IS AMENDED TO READ AS
35 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) Any person may
36 request a hearing before the commission under IC 4-21.5 to consider
37 whether a well for oil and gas purposes is:
38 (1) leaking or may leak a deleterious substance into an aquifer
39 containing fresh water or onto the surface of the land; or
40 (2) allowing oil or gas from the well to escape into the
41 atmosphere.
42 (b) A determination under this section is subject to an
HB 1466—LS 7521/DI 107 39
1 administrative adjudication under IC 4-21.5.
2 SECTION 64. IC 14-37-9-4 IS AMENDED TO READ AS
3 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. The commission
4 office of administrative law proceedings shall determine any dispute
5 that arises under this chapter under IC 4-21.5.
6 SECTION 65. IC 14-37-12-3 IS AMENDED TO READ AS
7 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. A notice of violation
8 under this chapter is subject to IC 4-21.5-3-6. The notice must include
9 the following:
10 (1) The nature of the violation.
11 (2) What action is appropriate to abate the violation.
12 (3) The date by which the violation must be abated.
13 (4) The procedure to obtain administrative review an
14 administrative adjudication under IC 4-21.5 if the owner or
15 operator is aggrieved by issuance of the notice of violation.
16 SECTION 66. IC 14-37-12-4 IS AMENDED TO READ AS
17 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. A notice of violation
18 issued under this chapter becomes effective without a proceeding under
19 IC 4-21.5-3 unless a person requests administrative review an
20 administrative adjudication under IC 4-21.5-3-6 within thirty (30)
21 days of issuance.
22 SECTION 67. IC 14-37-13-4 IS AMENDED TO READ AS
23 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. A civil penalty
24 assessed under section 3 of this chapter is subject to IC 4-21.5-3-6 and
25 becomes effective without a proceeding under IC 4-21.5-3 unless a
26 person requests an administrative review adjudication within thirty
27 (30) days of notice of the assessment.
28 SECTION 68. IC 14-39-1-11, AS ADDED BY P.L.150-2011,
29 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2025]: Sec. 11. A determination of the department under
31 section 4(e)(2) of this chapter is subject to an administrative review
32 adjudication under IC 4-21.5.
33 SECTION 69. IC 25-1-7-7 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) If there has been
35 no statement of settlement filed by the board under section 6 of this
36 chapter, and if, after conducting an investigation, the director believes
37 that the licensee should be subjected to disciplinary sanctions by the
38 board of his the licensee's regulated occupation, then he the director
39 shall so report to the attorney general.
40 (b) Upon receiving the director's report, the attorney general may
41 prosecute the matter, on behalf of the state of Indiana, before the board.
42 (c) The board may designate any person as a hearing officer to hear
HB 1466—LS 7521/DI 107 40
1 the matter as set forth in section 7.5 of this chapter.
2 (b) (d) Notwithstanding subsection (a) (b), of this section, if the
3 board by majority vote so requests, the attorney general shall prosecute
4 the matter before the board, on behalf of the state of Indiana.
5 SECTION 70. IC 25-1-7-7.5 IS ADDED TO THE INDIANA CODE
6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2025]: Sec. 7.5. (a) This section is not subject to IC 4-15-10.5.
8 (b) The board may designate a member of the board to serve as
9 a hearing officer under section 7(c) of this chapter.
10 (c) The board may designate a hearing officer before a:
11 (1) particular; or
12 (2) general;
13 class of proceedings commences.
14 (d) A hearing officer must recuse themself if the hearing officer
15 has bias, prejudice, or knowledge of a disputed evidentiary issue
16 that may influence the hearing officer's decision or an interest in
17 the outcome of a proceeding. The hearing officer must inform the
18 parties of the reason for the recusal.
19 (e) A party may petition for the disqualification of a hearing
20 officer upon discovering facts establishing grounds for
21 disqualification under this chapter. The hearing officer assigned to
22 the proceeding shall determine whether to grant the petition,
23 stating facts and reasons for the determination.
24 (f) If the hearing officer denies a disqualification petition under
25 subsection (e), the party petitioning for disqualification may
26 petition the ultimate authority. The ultimate authority shall:
27 (1) conduct proceedings under IC 4-21.5-3-28; or
28 (2) request that the director of the office of administrative law
29 proceedings conduct proceedings under IC 4-21.5-3-28;
30 to review the petition and affirm, modify, or dissolve the ruling not
31 later than thirty (30) days after the petition is filed. A
32 determination by the ultimate authority or the director of the office
33 of administrative law proceedings under this subsection is a final
34 order subject to judicial review under IC 4-21.5-5.
35 (g) If an alternate hearing officer is necessary because a hearing
36 officer recuses themself or is disqualified, the board must appoint
37 an alternate hearing officer.
38 SECTION 71. IC 25-2.1-9-4, AS AMENDED BY P.L.83-2024,
39 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 4. (a) This section applies to a licensee that
41 receives a peer review rating of fail for a peer review conducted under
42 IC 25-2.1-5-8.
HB 1466—LS 7521/DI 107 41
1 (b) The following definitions apply throughout this section:
2 (1) "Administering entity" refers to the body established or
3 sanctioned by the board to conduct a peer review program.
4 (2) "Director" refers to the director of the division of consumer
5 protection in the office of the attorney general.
6 (3) "Oversight committee" refers to a committee of licensees who
7 are not board members that is designated by the board to receive
8 the results of a peer review.
9 (c) The board shall provide the director with the name and contact
10 information for the administering entity.
11 (d) The oversight committee may forward the results of a peer
12 review to the director. Receipt of the results may be treated under
13 IC 25-1-7-4, IC 25-1-7-5, and IC 25-1-7-6 as a complaint submitted by
14 the board. If, after conducting an investigation, the director believes
15 that a licensee should be subjected to disciplinary sanctions by the
16 board, the director shall report the director's determination to the
17 attorney general. Upon receiving the director's report, the attorney
18 general may prosecute the matter, on behalf of the state of Indiana,
19 before the board. IC 25-1-7-7(b) IC 25-1-7-7(d) does not apply to a
20 determination related to a complaint filed under this section.
21 (e) The administering entity shall cooperate with an investigation
22 under IC 25-1-7 of a complaint filed under this section. However, all
23 complaints and information pertaining to a complaint are confidential
24 until the attorney general files notice with the board of the attorney
25 general's intent to prosecute a licensee under IC 25-1-7-7. Any meeting
26 of the board, the oversight committee, or a designee of the board or
27 oversight committee that is required in an investigation conducted
28 before the attorney general files notice of intent to prosecute shall be
29 conducted as an executive session under IC 5-14-1.5-6.1.
30 SECTION 72. IC 25-17.6-9-1, AS AMENDED BY P.L.99-2005,
31 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 1. If requested, an administrative review
33 adjudication of a determination made by the board under
34 IC 25-17.6-3-7, IC 25-17.6-4, or IC 25-17.6-8-1 shall must be
35 conducted before an administrative law judge appointed by the natural
36 resources commission or the director of the division of hearings under
37 IC 14-10-2-2. office of administrative law proceedings.
38 SECTION 73. IC 25-31.5-9-1, AS AMENDED BY P.L.99-2005,
39 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 1. If requested, an administrative review
41 adjudication of a determination made by the board under
42 IC 25-31.5-3, IC 25-31.5-4, or IC 25-31.5-8 shall be conducted before
HB 1466—LS 7521/DI 107 42
1 an administrative law judge appointed by the natural resources
2 commission or the director of the division of hearings under
3 IC 14-10-2-2. office of administrative law proceedings.
4 SECTION 74. IC 26-3-7-16.7, AS ADDED BY P.L.145-2017,
5 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 16.7. (a) A licensee or claimant subject to the
7 director's action may appeal submit a petition for review and request
8 for administrative adjudication under IC 4-21.5-3 from orders issued
9 by the director under section 16.5 or 17.1 of this chapter.
10 (b) A licensee or claimant may request an appeal under IC 4-21.5-3
11 not more than fifteen (15) days after being served with the director's
12 findings.
13 (c) If a licensee or claimant requests an appeal under IC 4-21.5-3,
14 the director office of administrative law proceedings shall designate
15 (1) an administrative law judge to preside over the appeal; and
16 (2) an ultimate authority for purposes of the appeal in accordance
17 with IC 4-21.5-3. petition for review.
18 (d) The office of administrative law proceedings is the ultimate
19 authority for administrative adjudications under IC 4-21.5.
20 SECTION 75. IC 31-27-7-5, AS ADDED BY P.L.173-2022,
21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2025]: Sec. 5. (a) A child services provider may request a
23 review of the base rates approved by the department if the child
24 services provider believes that an error or omission was made in the:
25 (1) cost report that the child services provider submitted to the
26 department;
27 (2) department's calculation of the base rate; or
28 (3) department's determination of the reasonableness of a cost.
29 (b) A request for review under subsection (a) must be:
30 (1) submitted in writing to the department; and
31 (2) received by the department not more than thirty (30) days after
32 the date on which the department mailed a rate letter to the child
33 services provider.
34 Compliance with subdivision (2) is determined in the same manner by
35 which compliance with the requirements for actions related to
36 administrative proceedings is determined under IC 4-21.5-3-1 and
37 IC 4-21.5-3-2.
38 (c) A child services provider making a request for review under
39 subsection (a) shall submit the request for review in the form and
40 manner specified by the department, including:
41 (1) identification of the current base rate and approved new base
42 rate, as applicable to a specific program or service offered by the
HB 1466—LS 7521/DI 107 43
1 child services provider;
2 (2) an itemized statement of administrative and indirect costs that
3 the child services provider considers allowable under this chapter;
4 (3) a clear, concise statement of the reasons for the requested
5 change; and
6 (4) a detailed statement supporting the requested change.
7 The department shall not accept or process an incomplete request for
8 review.
9 (d) If a child services provider that submits a request for review
10 under this chapter has a current license that is subject to current
11 revocation proceedings, the department shall not act upon the request
12 for review.
13 (e) Not more than thirty (30) days after the date on which the
14 department receives a request for review submitted under this chapter,
15 the department shall conduct a review and:
16 (1) provide written notice and an explanation of the department's
17 decision to the child services provider; and
18 (2) publish the notice and explanation of the department's
19 decision on the department's Internet web site. website.
20 (f) The department shall provide to the commission on improving
21 the status of children the same notice and explanation of the
22 department's decision provided to the child services provider under
23 subsection (e), and the commission shall publish the notice on the
24 commission's Internet web site. website.
25 (g) The explanation of the department's decision under subsection
26 (e) must include a detailed explanation of the following:
27 (1) The specific portion of the disputed cost that is being
28 approved or denied for reimbursement.
29 (2) Why the disputed cost being denied is unreasonable.
30 (3) The information the department used to make its
31 determination.
32 (h) The department is the ultimate authority of the review of a
33 decision under this section.
34 SECTION 76. IC 31-33-26-13, AS ADDED BY P.L.138-2007,
35 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 13. The department shall adopt rules under
37 IC 4-22-2:
38 (1) to provide procedures not inconsistent with section 9 of this
39 chapter by which any person identified as a perpetrator in a
40 substantiated report of child abuse or neglect that is entered into
41 the child protection index may request and obtain an
42 administrative hearing as provided in this chapter; and
HB 1466—LS 7521/DI 107 44
1 (2) to establish procedures for the conduct of the administrative
2 hearing. and
3 (3) to establish provisions for administrative review by the
4 department of a proposed or approved substantiated report, before
5 or after an administrative hearing is available or conducted.
6 SECTION 77. [EFFECTIVE JULY 1, 2025] (a) 465 IAC 3-2-5(e)
7 is void. The publisher of the Indiana Administrative Code and
8 Indiana Register shall remove this subsection from the Indiana
9 Administrative Code.
10 (b) This SECTION expires July 1, 2026.
HB 1466—LS 7521/DI 107 45
COMMITTEE REPORT
Mr. Speaker: Your Committee on Judiciary, to which was referred
House Bill 1466, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill be amended as follows:
Page 2, delete lines 1 through 33, begin a new paragraph and insert:
"SECTION 2. IC 4-21.5-2-6, AS AMENDED BY P.L.53-2018,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. This article does not apply to the formulation,
issuance, or administrative review (but does apply to the judicial
review and civil enforcement) of any of the following:
(1) Except as provided in IC 12-17.2-3.5-17, IC 12-17.2-4-18.7,
IC 12-17.2-5-18.7, and IC 12-17.2-6-20, determinations by the
division of family resources. and the department of child services.
(2) Determinations by the alcohol and tobacco commission.
(3) Determinations by the office of Medicaid policy and planning
concerning recipients and applicants of Medicaid. However, this
article does apply to determinations by the office of Medicaid
policy and planning concerning providers.".
Page 3, delete line 42.
Delete pages 4 through 5.
Page 6, delete lines 1 through 20.
Page 10, line 6, strike "bringing a declaratory judgment action
before the division." and insert "filing a petition for review with the
office of administrative law proceedings.".
Page 10, line 7, after "request" insert "for review".
Page 10, line 8, strike "for declaratory judgment".
Page 10, line 8, after "action" insert ",".
Page 10, line 9, strike "under subsection (a)(1), the division shall". 
Page 10, line 10, after "IC 4-21.5." insert "the office of
administrative law proceedings shall appoint an administrative law
judge and schedule an administrative hearing. The administrative
hearing must comply with IC 4-21.5.".
Page 10, delete line 11.
Page 10, line 12, delete "investigation.".
Page 10, line 12, strike "declaratory judgment action" and insert
"administrative law judge's order".
Page 10, delete lines 14 through 16.
Page 15, line 25, strike "division." and insert "office of
administrative law proceedings.".
Page 16, delete lines 8 through 11.
HB 1466—LS 7521/DI 107 46
Page 16, line 12, delete "(d)" and insert "(c)".
Page 16, between lines 13 and 14, begin a new paragraph and insert:
"SECTION 12. IC 10-19-3-6, AS ADDED BY P.L.22-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. For purposes of IC 4-21.5, the executive
director, or the executive director's designee, office of administrative
law proceedings is the ultimate authority for the department.
SECTION 13. IC 12-8-6.5-6, AS ADDED BY P.L.160-2012,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) For purposes of IC 4-15-10.5 and
IC 4-21.5, the secretary is the ultimate authority for the state Medicaid
program. applicant and eligibility appeals.
(b) The secretary shall adopt rules under IC 4-22-2 to specify any
additional necessary procedures for administrative review of an agency
action under IC 4-21.5 and the state Medicaid program.
SECTION 14. IC 12-8-8.5-5, AS AMENDED BY P.L.35-2016,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The secretary is the ultimate authority for
medicaid applicant and eligibility appeals under IC 4-15-10.5 and
IC 4-21.5 for purposes of the operation of the division and the
programs of the division.
(b) The secretary may delegate an individual to serve as the ultimate
authority.
SECTION 15. IC 12-15-28-8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 8. (a) The secretary is the
ultimate authority under IC 4-21.5 for Medicaid applicants and
recipient eligibility appeals.
(b) For a Medicaid applicant eligibility case, in the absence of an
objection or notice under IC 4-21.5-3-29(d), the order from the
administrative law judge is final after sixty-one (61) days without
further affirmation from the ultimate authority.
SECTION 16. IC 12-17.2-5-28 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 28. A final decision of
the division office of administrative law proceedings made after a
hearing is subject to judicial review under IC 4-21.5-5.".
Page 27, line 2, reset in roman "judicial review".
Page 27, line 2, delete "an administrative".
Page 27, line 3, delete "adjudication".
Page 27, line 5, reset in roman "judicial review".
Page 27, line 5, delete "an administrative".
Page 27, line 6, delete "adjudication".
HB 1466—LS 7521/DI 107 47
Page 35, line 28, delete "are subject to".
Page 35, line 28, strike "IC 4-21.5-3." and insert "are subject to
IC 4-21.5.".
Page 40, strike lines 18 through 21.
Page 40, line 22, strike "(e)" and insert "(d)".
Page 40, line 26, strike "(f)" and insert "(e)".
Page 40, line 33, delete "(g)" and insert "(f)".
Delete pages 42 through 53.
Page 54, delete lines 1 through 17.
Page 56, line 28, reset in roman "by the".
Page 56, line 29, strike "under".
Page 56, line 30, delete "IC 4-21.5." and insert "office of
administrative law proceedings.".
Page 56, delete lines 31 through 42, begin a new paragraph and
insert:
"SECTION 77. IC 26-3-7-16.7, AS ADDED BY P.L.145-2017,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 16.7. (a) A licensee or claimant subject to the
director's action may appeal submit a petition for review and request
for administrative adjudication under IC 4-21.5-3 from orders issued
by the director under section 16.5 or 17.1 of this chapter.
(b) A licensee or claimant may request an appeal under IC 4-21.5-3
not more than fifteen (15) days after being served with the director's
findings.
(c) If a licensee or claimant requests an appeal under IC 4-21.5-3,
the director office of administrative law proceedings shall designate
(1) an administrative law judge to preside over the appeal; and
(2) an ultimate authority for purposes of the appeal in accordance
with IC 4-21.5-3. petition for review.
(d) The office of administrative law proceedings is the ultimate
authority for administrative adjudications under IC 4-21.5.".
Page 58, after line 28, begin a new paragraph and insert:
"SECTION 78. [EFFECTIVE JULY 1, 2025] (a) 465 IAC 3-2-5(e)
is void. The publisher of the Indiana Administrative Code and
Indiana Register shall remove this subsection from the Indiana
Administrative Code.
(b) This SECTION expires July 1, 2026.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
HB 1466—LS 7521/DI 107 48
(Reference is to HB 1466 as introduced.)
JETER
Committee Vote: yeas 12, nays 0.
HB 1466—LS 7521/DI 107