IN
Indiana House Bill HB1466

Indiana 2025 Regular Session

Indiana House Bill HB1466 Compare Versions

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1+*EH1466.1*
2+March 21, 2025
3+ENGROSSED
4+HOUSE BILL No. 1466
5+_____
6+DIGEST OF HB 1466 (Updated March 19, 2025 3:04 pm - DI 149)
7+Citations Affected: Numerous provisions throughout the Indiana
8+Code.
9+Synopsis: Various agency administrative procedures. Provides that the
10+department of natural resources is subject to the jurisdiction of the
11+office of administrative law proceedings. Provides that the secretary of
12+family and social services is the ultimate authority for Medicaid
13+applicants and recipient eligibility appeals. Provides that in Medicaid
14+applicant eligibility cases, except in certain circumstances, the order
15+from the administrative law judge is final after 61 days without further
16+affirmation from the ultimate authority. Provides that the review of
17+(Continued next page)
18+Effective: July 1, 2025.
19+Meltzer, Steuerwald, Jeter,
20+Zimmerman
21+(SENATE SPONSOR — CARRASCO)
22+January 21, 2025, read first time and referred to Committee on Judiciary.
23+February 10, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
24+Means pursuant to Rule 126.3.
25+February 17, 2025, reported — Do Pass.
26+February 19, 2025, read second time, ordered engrossed. Engrossed.
27+February 20, 2025, read third time, passed. Yeas 91, nays 0.
28+SENATE ACTION
29+March 3, 2025, read first time and referred to Committee on Judiciary.
30+March 20, 2025, amended, reported favorably — Do Pass.
31+EH 1466—LS 7521/DI 107 Digest Continued
32+certain professional disciplinary reviews are not subject to the office of
33+administrative law proceedings. Sets forth the process to select a
34+hearing officer for the professional disciplinary reviews. Makes
35+changes to motor vehicle dealer services statutes to be consistent with
36+the jurisdiction of the office of administrative law proceedings.
37+Provides that the department of child services (DCS) is the ultimate
38+authority of the review of decisions concerning residential child care
39+base rates. Removes the duty of DCS to adopt rules concerning the
40+administrative review by DCS of a proposed or approved substantiated
41+report of child abuse or neglect, before or after an administrative
42+hearing is available or conducted. Makes conforming changes. Makes
43+technical corrections and conforming amendments required by HEA
44+1003-2024 concerning the office of administrative law proceedings.
45+EH 1466—LS 7521/DI 107EH 1466—LS 7521/DI 107 March 21, 2025
146 First Regular Session of the 124th General Assembly (2025)
247 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
348 Constitution) is being amended, the text of the existing provision will appear in this style type,
449 additions will appear in this style type, and deletions will appear in this style type.
550 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
651 provision adopted), the text of the new provision will appear in this style type. Also, the
752 word NEW will appear in that style type in the introductory clause of each SECTION that adds
853 a new provision to the Indiana Code or the Indiana Constitution.
954 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1055 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1466
12-AN ACT to amend the Indiana Code concerning state offices and
13-administration.
56+ENGROSSED
57+HOUSE BILL No. 1466
58+A BILL FOR AN ACT to amend the Indiana Code concerning state
59+offices and administration.
1460 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 4-15-10.5-2, AS AMENDED BY P.L.128-2024,
16-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2025]: Sec. 2. This chapter does not apply to:
18-(1) the department of workforce development;
19-(2) the unemployment insurance review board of the department
20-of workforce development;
21-(3) the worker's compensation board of Indiana;
22-(4) the Indiana utility regulatory commission;
23-(5) the department of state revenue;
24-(6) the department of local government finance;
25-(7) the Indiana board of tax review;
26-(8) the natural resources commission;
27-(9) (8) the Indiana education employment relations board;
28-(10) (9) the state employees appeals commission; or
29-(11) (10) before July 1, 2022, any other agency or category of
30-proceeding determined by the governor to be exempt from this
31-chapter for good cause.
32-SECTION 2. IC 4-21.5-2-6, AS AMENDED BY P.L.53-2018,
61+1 SECTION 1. IC 4-15-10.5-2, AS AMENDED BY P.L.128-2024,
62+2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
63+3 JULY 1, 2025]: Sec. 2. This chapter does not apply to:
64+4 (1) the department of workforce development;
65+5 (2) the unemployment insurance review board of the department
66+6 of workforce development;
67+7 (3) the worker's compensation board of Indiana;
68+8 (4) the Indiana utility regulatory commission;
69+9 (5) the department of state revenue;
70+10 (6) the department of local government finance;
71+11 (7) the Indiana board of tax review;
72+12 (8) the natural resources commission;
73+13 (9) (8) the Indiana education employment relations board;
74+14 (10) (9) the state employees appeals commission; or
75+15 (11) (10) before July 1, 2022, any other agency or category of
76+16 proceeding determined by the governor to be exempt from this
77+17 chapter for good cause.
78+EH 1466—LS 7521/DI 107 2
79+1 SECTION 2. IC 4-21.5-2-6, AS AMENDED BY P.L.53-2018,
80+2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
81+3 JULY 1, 2025]: Sec. 6. This article does not apply to the formulation,
82+4 issuance, or administrative review (but does apply to the judicial
83+5 review and civil enforcement) of any of the following:
84+6 (1) Except as provided in IC 12-17.2-3.5-17, IC 12-17.2-4-18.7,
85+7 IC 12-17.2-5-18.7, and IC 12-17.2-6-20, determinations by the
86+8 division of family resources. and the department of child services.
87+9 (2) Determinations by the alcohol and tobacco commission.
88+10 (3) Determinations by the office of Medicaid policy and planning
89+11 concerning recipients and applicants of Medicaid. However, this
90+12 article does apply to determinations by the office of Medicaid
91+13 policy and planning concerning providers.
92+14 SECTION 3. IC 4-21.5-3-10, AS AMENDED BY P.L.128-2024,
93+15 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
94+16 JULY 1, 2025]: Sec. 10. (a) An administrative law judge is subject to
95+17 disqualification for:
96+18 (1) bias, prejudice, or interest in the outcome of a proceeding;
97+19 (2) failure to dispose of the subject of a proceeding in an orderly
98+20 and reasonably prompt manner after a written request by a party;
99+21 (3) unless waived or extended with the written consent of all
100+22 parties or for good cause shown, failure to issue an order not later
101+23 than ninety (90) days after the latest of:
102+24 (A) the filing of a motion to dismiss or a motion for summary
103+25 judgment under section 23 of this chapter that is filed after
104+26 June 30, 2011;
105+27 (B) the conclusion of a hearing that begins after June 30, 2011;
106+28 or
107+29 (C) the completion of any schedule set for briefing or for
108+30 submittal of proposed findings of fact and conclusions of law
109+31 for a disposition under clauses (A) or (B); or
110+32 (4) any cause for which a judge of a court may be disqualified.
111+33 Before July 1, 2020, nothing in this subsection prohibits an individual
112+34 who is an employee of an agency from serving as an administrative law
113+35 judge.
114+36 (b) This subsection does not apply to a proceeding concerning a
115+37 regulated occupation (as defined in IC 25-1-7-1), except for a
116+38 proceeding concerning a water well driller (as described in IC 25-39-3)
117+39 or an out of state mobile health care entity regulated by the Indiana
118+40 department of health. Subject to subsection (d), an individual who is
119+41 disqualified under subsection (a)(2) or (a)(3) shall provide the parties
120+42 a list of at least three (3) special administrative law judges who meet
121+EH 1466—LS 7521/DI 107 3
122+1 the requirements of:
123+2 (1) section 9(c) of this chapter, if the case involves an
124+3 environmental matter described in section 9(b) of this chapter; or
125+4 (2) IC 14-10-2-2, if the case is pending before the division of
126+5 hearings of the natural resources commission; or
127+6 (3) (2) subject to subsection (d), any other statute or rule
128+7 governing qualification to serve an agency. other than those
129+8 described in subdivision (1) or (2).
130+9 Subject to subsection (c), the parties may agree to the selection of one
131+10 (1) individual from the list.
132+11 (c) If the parties do not agree to the selection of an individual as
133+12 provided in subsection (b) not later than ten (10) days after the parties
134+13 are provided a list of judges under subsection (b), a special
135+14 administrative law judge who meets the requirements of subsection (b)
136+15 shall be selected under the procedure set forth in Trial Rule 79(D).
137+16 (d) This subsection applies after June 30, 2020, to an agency whose
138+17 proceedings are subject to the jurisdiction of the office of
139+18 administrative law proceedings. If an administrative law judge is
140+19 disqualified under this section, the director of the office of
141+20 administrative law proceedings shall assign another administrative law
142+21 judge.
143+22 SECTION 4. IC 9-32-13-15.5, AS AMENDED BY P.L.284-2019,
144+23 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
145+24 JULY 1, 2025]: Sec. 15.5. (a) This section does not apply to
146+25 manufacturers or distributors of manufactured housing, heavy duty
147+26 vocational vehicles (as defined in 49 CFR 523.8), or recreational
148+27 vehicles.
149+28 (b) Unless otherwise agreed, it is an unfair practice for a
150+29 manufacturer or distributor to fail to compensate a dealer anything less
151+30 than the dealer's retail rates for parts or labor the dealer uses in
152+31 performing the warranty services of the manufacturer or distributor, or
153+32 for a manufacturer or distributor of a separate vehicle component or
154+33 major vehicle assembly that is warranted independently of the motor
155+34 vehicle to fail to compensate a dealer anything less than the dealer's
156+35 retail rate for the parts or labor the dealer uses in performing the
157+36 warranty services of the manufacturer or distributor. The dealer's retail
158+37 rate for parts must be a percentage determined by dividing the total
159+38 charges for parts used in warranty like repairs by the dealer's total cost
160+39 for those parts minus one (1) in the lesser of one hundred (100)
161+40 customer paid sequential repair orders or ninety (90) consecutive days
162+41 of customer paid repair orders. The dealer's retail rate for labor shall be
163+42 determined by dividing the total labor sales for warranty like repairs by
164+EH 1466—LS 7521/DI 107 4
165+1 the number of hours that generated those sales in one hundred (100)
166+2 customer paid sequential repair orders or ninety (90) consecutive days
167+3 of customer paid repair orders. A retail rate may be calculated based
168+4 upon only customer paid repair orders charged within one hundred
169+5 eighty (180) days before the date the dealer submits the declaration.
170+6 (c) The dealer's submission for retail rates must include a
171+7 declaration of the dealer's retail rates for parts or labor along with the
172+8 supporting service repair orders paid by customers. A manufacturer or
173+9 distributor may challenge the dealer's declaration by submitting a
174+10 rebuttal not later than sixty (60) days after the date the declaration was
175+11 received. If the manufacturer or distributor does not send a timely
176+12 rebuttal to the dealer, the retail rate is established as reasonable and
177+13 goes into effect automatically.
178+14 (d) If a rebuttal in subsection (c) is timely sent, the rebuttal must
179+15 substantiate how the dealer's declaration is unreasonable or materially
180+16 inaccurate. The rebuttal must propose an adjusted retail rate and
181+17 provide written support for the proposed adjustments. If the dealer does
182+18 not agree with the adjusted retail rate, the dealer may file a complaint
183+19 with the dealer services division within the office of the secretary of
184+20 state.
185+21 (e) A complaint filed under subsection (d) must be filed not later
186+22 than thirty (30) days after the dealer receives the manufacturer's or
187+23 distributor's rebuttal. On or before filing a complaint, a dealer must
188+24 serve a demand for mediation upon the manufacturer or distributor.
189+25 (f) When calculating the retail rate customarily charged by the
190+26 dealer for parts or labor under this section, the following work may not
191+27 be included:
192+28 (1) Repairs for manufacturer or distributor special events,
193+29 specials, or promotional discounts for retail customer repairs.
194+30 (2) Parts sold or repairs performed at wholesale.
195+31 (3) Routine maintenance not covered under a retail customer
196+32 warranty, such as fluids, filters, and belts not provided in the
197+33 course of repairs.
198+34 (4) Nuts, bolts, fasteners, and similar items that do not have an
199+35 individual part number.
200+36 (5) Vehicle reconditioning.
201+37 (6) Accessories.
202+38 (7) Repairs of damage caused by a collision, a road hazard, the
203+39 force of the elements, vandalism, or theft.
204+40 (8) Vehicle emission or safety inspections required by law.
205+41 (9) Manufacturer or distributor reimbursed goodwill or policy
206+42 repairs or replacements.
207+EH 1466—LS 7521/DI 107 5
208+1 (10) Replacement of tires.
209+2 (g) If a manufacturer or distributor furnishes a part or component to
210+3 a dealer at no cost to use in performing repairs under a recall, campaign
211+4 service, or warranty repair, the manufacturer or distributor shall
212+5 compensate the dealer for the part or component in the same manner
213+6 as warranty parts compensation under this section by compensating the
214+7 dealer the average markup on the cost for the part or component as
215+8 listed in the manufacturer's or distributor's initial or original price
216+9 schedule minus the cost for the part or component.
217+10 (h) A manufacturer or distributor may not require a dealer to
218+11 establish the retail rate customarily charged by the dealer for parts or
219+12 labor by an unduly burdensome or time consuming method or by
220+13 requiring information that is unduly burdensome or time consuming to
221+14 provide, including part by part or transaction by transaction
222+15 calculations. A dealer may not declare an average percentage parts
223+16 markup or average labor rate more than once in a twelve (12) month
224+17 period. A manufacturer or distributor may perform annual audits to
225+18 verify that a dealer's effective rates have not decreased. If a dealer's
226+19 effective rates have decreased, a manufacturer or distributor may
227+20 reduce the warranty reimbursement rate prospectively. A dealer may
228+21 elect to revert to the nonretail rate reimbursement for parts or labor not
229+22 more than once in a twelve (12) month period.
230+23 (i) A manufacturer or distributor may not impose a surcharge on a
231+24 dealer for the purpose of recovering any of its costs related to the
232+25 reimbursement of a dealer for parts or labor required under this section.
233+26 This subsection does not prohibit a manufacturer or distributor from
234+27 increasing the wholesale price of a vehicle or part in the ordinary
235+28 course of business.
236+29 (j) If a dealer files a complaint with the dealer services division
237+30 within the office of the secretary of state, the warranty reimbursement
238+31 rate in effect before any mediation or complaint remains in effect until
239+32 thirty (30) days after:
240+33 (1) a final decision has been issued by a court with jurisdiction;
241+34 and
242+35 (2) all appeals have been exhausted.
243+36 SECTION 5. IC 9-32-13-27, AS AMENDED BY P.L.174-2016,
244+37 SECTION 106, IS AMENDED TO READ AS FOLLOWS
245+38 [EFFECTIVE JULY 1, 2025]: Sec. 27. (a) It is an unfair practice for a
246+39 manufacturer or distributor to do the following:
247+40 (1) Cancel or terminate a franchise of a franchisee, or fail or
248+41 refuse to extend or renew a franchise upon the franchise's
249+42 expiration, without good cause and notice to the franchisee by
250+EH 1466—LS 7521/DI 107 6
251+1 certified mail, return receipt requested:
252+2 (A) at least ninety (90) days before the cancellation or
253+3 termination; or
254+4 (B) at least ten (10) days before the cancellation or termination
255+5 if any of the following apply:
256+6 (i) The franchisee has abandoned business operations or
257+7 otherwise failed to conduct sales and service operations
258+8 during regular business hours for at least seven (7)
259+9 consecutive business days, unless the abandonment or
260+10 closure is due to an act of God or another act over which the
261+11 franchisee has no control.
262+12 (ii) The franchisee or another operator of the franchise has
263+13 been convicted of or pled guilty to an offense punishable by
264+14 at least one (1) year of imprisonment.
265+15 (iii) The dealer files for bankruptcy or enters into
266+16 receivership.
267+17 (iv) The license of the dealer is revoked under IC 9-32-11 or
268+18 IC 9-32-16.
269+19 (v) The dealer commits fraud.
270+20 (2) Offer a renewal, replacement, or succeeding franchise that
271+21 substantially changes or modifies the sales and service
272+22 obligations, facilities standards, capital requirements, or other
273+23 terms of the original franchise or agreement of a franchisee
274+24 without notice to the franchisee by certified mail, return receipt
275+25 requested, at least ninety (90) days before the expiration or
276+26 termination of the original franchise or agreement.
277+27 (3) Terminate a dealer for the dealer's failure to meet a
278+28 performance standard that is not statistically valid, reliable, and
279+29 reasonable.
280+30 Notice provided under this subsection must include a detailed
281+31 statement setting forth the specific grounds for the proposed action.
282+32 (b) For purposes of subsection (a)(1), the following do not constitute
283+33 good cause, provided that no unfair practice is committed under
284+34 IC 9-32-13-12 and no transfer, sale, or assignment is made in violation
285+35 of IC 9-32-13-22:
286+36 (1) A change of ownership or executive management of a
287+37 dealership.
288+38 (2) Requiring the appointment of an individual to an executive
289+39 management position in a dealership.
290+40 (3) Ownership of, investment in, participation in the management
291+41 of, or holding a license for the sale of any line make of new motor
292+42 vehicles by a franchisee or an owner of an interest in a franchise.
293+EH 1466—LS 7521/DI 107 7
294+1 (c) Good cause exists under subsection (a)(1) with respect to all
295+2 franchisees of a line make if the manufacturer of the line make
296+3 permanently discontinues the manufacture or assembly of the line
297+4 make.
298+5 (d) Not more than thirty (30) days after a franchisee receives notice
299+6 under subsection (a), the franchisee may protest the proposed action by
300+7 bringing a declaratory judgment action before the division. filing a
301+8 petition for review with the office of administrative law
302+9 proceedings.
303+10 (e) If a franchisee makes a timely and proper request for review
304+11 under subsection (d) for declaratory judgment to protest a proposed
305+12 action, under subsection (a)(1), the division shall schedule an
306+13 administrative hearing. The administrative hearing must comply with
307+14 IC 4-21.5. the office of administrative law proceedings shall appoint
308+15 an administrative law judge and schedule an administrative
309+16 hearing. The administrative hearing must comply with IC 4-21.5.
310+17 The declaratory judgment action administrative law judge's order
311+18 must include a determination of whether good cause exists for the
312+19 proposed action.
313+20 SECTION 6. IC 9-32-16-2, AS AMENDED BY P.L.182-2021,
314+21 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
315+22 JULY 1, 2025]: Sec. 2. (a) An order issued under this article may:
316+23 (1) deny a dealer license, transport operator license plate, or
317+24 endorsement application for registration if the secretary finds that
318+25 the order is in the public interest and subsection (c) authorizes the
319+26 action;
320+27 (2) condition or limit the issuance of transport operator license
321+28 plates to an applicant if the secretary finds that the order is in the
322+29 interest of the public and subsection (c) authorizes the actions;
323+30 and
324+31 (3) condition or limit the license of an applicant to be a dealer
325+32 and, if the applicant for a dealer license is a partner, officer,
326+33 director, or person having similar status or performing similar
327+34 functions, or a person directly or indirectly in control of the
328+35 dealership, the order may condition or limit the license.
329+36 (b) If the secretary finds that an order is in the public interest and
330+37 subsection (c) authorizes the action, an order issued under this article
331+38 may deny, revoke, suspend, condition, limit, or permanently bar the
332+39 granting of a license or endorsement or issuing of a license plate to or
333+40 an application for a license, endorsement, or license plate from a
334+41 transport operator, dealer, owner, dealer manager, or a person having
335+42 a similar status or performing similar functions as a dealer, or a person
336+EH 1466—LS 7521/DI 107 8
337+1 directly or indirectly in control of the dealer. However, the secretary
338+2 may not:
339+3 (1) institute a revocation or suspension proceeding under this
340+4 subsection based on an order issued under the law of another state
341+5 that is reported to the secretary or a designee of the secretary more
342+6 than one (1) year after the date of the order on which it is based;
343+7 or
344+8 (2) issue an order on the basis of an order issued under the dealer
345+9 services laws of another state unless the other order was based on
346+10 conduct for which subsection (c) would authorize the action had
347+11 the conduct occurred in Indiana.
348+12 (c) A person may be disciplined under this section if the person:
349+13 (1) has filed an application for transport operator license plates,
350+14 a dealer license, or a dealer endorsement in Indiana under this
351+15 article, or its predecessor, within the previous ten (10) years,
352+16 which, as of the effective date of license or registration or as of
353+17 any date after filing in the case of an order denying effectiveness,
354+18 was incomplete as to a material fact or contained a statement that,
355+19 in light of the circumstances under which it was made, was false
356+20 or misleading with respect to a material fact;
357+21 (2) knowingly violated or knowingly failed to comply with this
358+22 article, or its predecessor, within the previous ten (10) years;
359+23 (3) has been convicted of a:
360+24 (A) felony within the previous ten (10) years;
361+25 (B) felony or misdemeanor involving theft or fraud; or
362+26 (C) felony or misdemeanor concerning an aspect of business
363+27 involving the offer, sale, financing, repair, modification, or
364+28 manufacture of a motor vehicle or watercraft;
365+29 (4) is enjoined or restrained by a court with jurisdiction in an
366+30 action instituted by a state or the United States from engaging in
367+31 or continuing an act, practice, or course of business involving an
368+32 aspect of a business involving the offer, barter, sale, purchase,
369+33 transfer, financing, repair, or manufacture of a motor vehicle or
370+34 watercraft;
371+35 (5) refuses to allow or otherwise impedes the secretary from
372+36 conducting an audit or inspection;
373+37 (6) has engaged in dishonest or unethical practices in a business
374+38 involving the offer, barter, sale, purchase, transfer, financing,
375+39 repair, or manufacture of a motor vehicle or watercraft within the
376+40 previous ten (10) years;
377+41 (7) is engaging in unfair practices as set forth in this article;
378+42 (8) is on the most recent tax warrant list supplied to the secretary
379+EH 1466—LS 7521/DI 107 9
380+1 by the department of state revenue;
381+2 (9) violates IC 23-2-2.7;
382+3 (10) violates IC 9-19-9;
383+4 (11) willfully violates federal or state law relating to the sale,
384+5 distribution, financing, or insuring of motor vehicles or
385+6 watercraft;
386+7 (12) is not compliant with local, state, or federal laws and
387+8 regulations regarding a dealer license, endorsement, or dealer
388+9 business;
389+10 (13) violates IC 9-32-9-15;
390+11 (14) violates IC 9-32-9-16; or
391+12 (15) violates IC 9-32-9-29.
392+13 (d) The secretary may revoke, suspend, or deny an application,
393+14 impose fines and costs, restrict, condition, limit, bar, or suspend a
394+15 dealer license, a dealer endorsement, or a license plate issued under
395+16 this article, or order restitution, or do any combination of these actions
396+17 before final determination of an administrative proceeding. Upon the
397+18 issuance of an order, the secretary shall promptly notify each person
398+19 subject to the order:
399+20 (1) that the order has been issued;
400+21 (2) the reasons for the action; and
401+22 (3) of the petition for review rights for an administrative
402+23 adjudication to be conducted by the office of administrative
403+24 law proceedings; and
404+25 (3) (4) that upon receipt of a request in a record petition for
405+26 review from the person, the administrative law judge
406+27 appointed by the office of administrative legal proceedings
407+28 shall issue an order setting a hearing date will be issued within
408+29 fifteen (15) thirty (30) days.
409+30 If a hearing petition for review is not requested and no hearing is
410+31 ordered by the secretary filed within thirty (30) days after the date of
411+32 service of the order, the order becomes final by operation of law. If a
412+33 hearing is requested or ordered, person subject to the order files a
413+34 petition for review, the secretary, after notice of and opportunity for
414+35 hearing to each person subject to the order, may modify or vacate the
415+36 order or extend the order until final determination. office of
416+37 administrative law proceedings shall assign an administrative law
417+38 judge to conduct a proceeding pursuant to IC 4-21.5.
418+39 (e) After a hearing, the secretary administrative law judge may
419+40 suspend or deny an application, impose fines and costs, restrict,
420+41 condition, limit, bar, suspend, or revoke a license plate issued under
421+42 this article, dealer license or endorsement or order restitution, or do any
422+EH 1466—LS 7521/DI 107 10
423+1 combination of these actions.
424+2 (f) Revocation or suspension of a license or endorsement of a dealer
425+3 may be limited to one (1) or more locations, to one (1) or more defined
426+4 areas, or only to certain aspects of the business.
427+5 (g) Except as provided in subsection (d), an order may not be issued
428+6 under this section without:
429+7 (1) appropriate notice to the applicant or registrant;
430+8 (2) an opportunity for a hearing; and
431+9 (3) reasons for the action.
432+10 (h) A person that controls, directly or indirectly, a person not in
433+11 compliance with this section may be disciplined by order of the
434+12 secretary under subsections (a) and (b) to the same extent as the
435+13 noncomplying person, unless the controlling person did not know, and
436+14 in the exercise of reasonable care could not have known, of the
437+15 existence of conduct that is a ground for discipline under this section.
438+16 (i) A person subject to this chapter that has not been issued a license
439+17 or endorsement is subject to the same disciplinary fines, costs, and
440+18 penalties as if a license had been issued.
441+19 SECTION 7. IC 9-32-16-14, AS ADDED BY P.L.92-2013,
442+20 SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
443+21 JULY 1, 2025]: Sec. 14. (a) The secretary may:
444+22 (1) conduct public or private investigations within or outside
445+23 Indiana that the secretary considers necessary or appropriate to
446+24 determine whether a person has violated, is violating, or is about
447+25 to violate this article or a rule adopted or order issued under this
448+26 article, or aid in the enforcement of this article or in the adoption
449+27 of rules and forms under this article;
450+28 (2) require or permit a person to testify, file a statement, or
451+29 produce a record, under oath or otherwise as the secretary
452+30 determines, as to all the facts and circumstances concerning a
453+31 matter to be investigated or about which an action or proceeding
454+32 is to be instituted; and
455+33 (3) publish a record concerning an action, proceeding, or
456+34 investigation under, or a violation of, this article or a rule adopted
457+35 or order issued under this article if the secretary determines it is
458+36 necessary or appropriate and in the public interest and for the
459+37 protection of dealers or consumers.
460+38 (b) For purposes of an investigation under this article, the secretary
461+39 or a designated employee of the secretary may administer oaths and
462+40 affirmations, subpoena witnesses, seek compulsion of attendance, take
463+41 attendance, take evidence, require the filing of statements, and require
464+42 the production of any records that the secretary considers relevant or
465+EH 1466—LS 7521/DI 107 11
466+1 material to the investigation. Upon order of the secretary, or a hearing
467+2 officer appointed by the secretary in a hearing, depositions may be
468+3 taken in the manner prescribed by law for depositions in civil actions
469+4 and made returnable to the secretary or a hearing an officer appointed
470+5 by the secretary.
471+6 (c) If a person does not appear or refuses to testify, file a statement,
472+7 or produce records, or otherwise does not obey a subpoena as required
473+8 by this article, the secretary or hearing officer appointed by the
474+9 secretary may apply to the circuit or superior court in the county where
475+10 the hearing, investigation or inquiry in question is being conducted to
476+11 enforce compliance. The court may:
477+12 (1) hold the person in contempt;
478+13 (2) order the person to appear before the secretary; or hearing
479+14 officer appointed by the secretary;
480+15 (3) order the person to testify about the matter under investigation
481+16 or in question;
482+17 (4) order the production of records;
483+18 (5) grant injunctive relief, including restricting or prohibiting the
484+19 offer or sale of vehicles;
485+20 (6) impose a civil penalty of not more than twenty thousand
486+21 dollars ($20,000) for each violation; and
487+22 (7) grant any other necessary or appropriate relief.
488+23 (d) This section does not preclude a person from applying to the
489+24 circuit or superior court in the county where the hearing, investigation
490+25 or inquiry in question is being conducted for relief from a request to
491+26 appear, testify, file a statement, produce records, or obey a subpoena.
492+27 (e) If a witness, in any hearing, inquiry or investigation conducted
493+28 under this article, refuses to answer any question or produce any item,
494+29 the secretary may file a written petition with the circuit or superior
495+30 court in the county where the hearing, investigation or inquiry in
496+31 question is being conducted requesting a hearing on the refusal. The
497+32 court shall hold a hearing to determine if the witness may refuse to
498+33 answer the question or produce the item. If the court determines that
499+34 the witness, based upon the witness's privilege against
500+35 self-incrimination, may properly refuse to answer or produce an item,
501+36 the secretary may make a written request that the court grant use
502+37 immunity to the witness. Upon written request of the secretary, the
503+38 court shall grant use immunity to a witness. The court shall instruct the
504+39 witness, by written order or in open court, that:
505+40 (1) any evidence the witness gives, or evidence derived from that
506+41 evidence, may not be used in any criminal proceedings against
507+42 that witness, unless the evidence is volunteered by the witness or
508+EH 1466—LS 7521/DI 107 12
509+1 is not responsive to a question; and
510+2 (2) the witness must answer the questions asked and produce the
511+3 items requested.
512+4 A grant of use immunity does not prohibit the use of evidence that the
513+5 witness gives in a hearing, an investigation or inquiry from being used
514+6 in a prosecution for perjury under IC 35-44.1-2-1. If a witness refuses
515+7 to give the evidence after the witness has been granted use immunity,
516+8 the court may find the witness in contempt.
517+9 (f) In any prosecution, action, suit, or proceeding based upon or
518+10 arising out of or under this article, a certificate signed by the secretary
519+11 showing compliance or noncompliance with this article by a dealer
520+12 constitutes prima facie evidence of compliance or noncompliance with
521+13 this article and is admissible in evidence in any action at law or in
522+14 equity to enforce this article.
523+15 (g) Each witness who appears before the secretary or a hearing
524+16 officer appointed by the secretary by order is entitled to receive for the
525+17 witness's attendance the fees and mileage provided for witnesses in
526+18 civil cases, which must be audited and paid by the state in the same
527+19 manner as other expenses of the division are audited and paid when
528+20 proper vouchers sworn to by the witnesses and approved by the
529+21 secretary are presented. However, a witness subpoenaed at the instance
530+22 of parties other than the secretary or a hearing officer appointed by the
531+23 secretary is not entitled to any fee or compensation from the state.
532+24 SECTION 8. IC 9-32-16-15, AS AMENDED BY P.L.182-2021,
533+25 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
534+26 JULY 1, 2025]: Sec. 15. (a) A dealer who is injured by an unfair
535+27 practice set forth in IC 9-32-13 or IC 9-32-15 may file a complaint or
536+28 petition with the division. office of administrative law proceedings.
537+29 (b) A dealer who is injured by an unfair practice set forth in
538+30 IC 9-32-13-27 may file a request for declaratory judgment with the
539+31 division. office of administrative law proceedings.
540+32 (c) A dealer may not file a complaint, request for declaratory
541+33 judgment under subsection (b) based on an alleged violation of
542+34 IC 9-32-13-27, or petition with the division under subsection (a) based
543+35 on an alleged violation of IC 9-32-13 or IC 9-32-15 by a manufacturer
544+36 or distributor unless the dealer serves a demand for mediation upon the
545+37 manufacturer or distributor:
546+38 (1) before; or
547+39 (2) at the same time as;
548+40 filing the complaint, request for declaratory judgment, or petition. A
549+41 demand for mediation must be in writing and served upon the
550+42 manufacturer or distributor by certified mail at an address designated
551+EH 1466—LS 7521/DI 107 13
552+1 for the manufacturer or distributor in the licensor's records. The
553+2 demand for mediation must contain a brief statement of the dispute and
554+3 the relief sought by the dealer serving the demand.
555+4 (d) Not later than twenty (20) days after the date the demand for
556+5 mediation is served under subsection (c), the parties shall mutually
557+6 select an independent mediator and meet with the mediator for the
558+7 purpose of attempting to resolve the dispute. The meeting place must
559+8 be within Indiana at a location selected by the mediator. The mediator
560+9 may extend the period in which the meeting must occur for good cause
561+10 shown by either party or upon stipulation of the parties.
562+11 (c) The administrative law judge may order the parties to
563+12 submit their case to a mediator.
564+13 SECTION 9. IC 10-19-3-6, AS ADDED BY P.L.22-2005,
565+14 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
566+15 JULY 1, 2025]: Sec. 6. Except as provided in IC 4-21.5-1-15, for
567+16 purposes of IC 4-21.5, the executive director, or the executive director's
568+17 designee, office of administrative law proceedings is the ultimate
569+18 authority for the department.
570+19 SECTION 10. IC 12-8-6.5-6, AS ADDED BY P.L.160-2012,
571+20 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
572+21 JULY 1, 2025]: Sec. 6. (a) For purposes of IC 4-15-10.5 and
573+22 IC 4-21.5, the secretary is the ultimate authority for the state Medicaid
574+23 program. applicant and eligibility appeals.
575+24 (b) The secretary shall adopt rules under IC 4-22-2 to specify any
576+25 additional necessary procedures for administrative review of an agency
577+26 action under IC 4-21.5 and the state Medicaid program.
578+27 SECTION 11. IC 12-8-8.5-5, AS AMENDED BY P.L.35-2016,
579+28 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
580+29 JULY 1, 2025]: Sec. 5. (a) The secretary is the ultimate authority for
581+30 Medicaid applicant and eligibility appeals under IC 4-15-10.5 and
582+31 IC 4-21.5 for purposes of the operation of the division and the
583+32 programs of the division.
584+33 (b) The secretary may delegate an individual to serve as the ultimate
585+34 authority.
586+35 SECTION 12. IC 12-15-28-8 IS ADDED TO THE INDIANA
587+36 CODE AS A NEW SECTION TO READ AS FOLLOWS
588+37 [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) The secretary is the
589+38 ultimate authority under IC 4-21.5 for Medicaid applicants and
590+39 recipient eligibility appeals.
591+40 (b) For a Medicaid applicant eligibility case, in the absence of an
592+41 objection or notice under IC 4-21.5-3-29(d), the order from the
593+42 administrative law judge is final after sixty-one (61) days without
594+EH 1466—LS 7521/DI 107 14
595+1 further affirmation from the ultimate authority.
596+2 SECTION 13. IC 12-17.2-5-28 IS AMENDED TO READ AS
597+3 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 28. A final decision of
598+4 the division office of administrative law proceedings made after a
599+5 hearing is subject to judicial review under IC 4-21.5-5.
600+6 SECTION 14. IC 14-10-2-2 IS REPEALED [EFFECTIVE JULY 1,
601+7 2025]. Sec. 2. (a) The commission shall appoint administrative law
602+8 judges.
603+9 (b) The commission shall create a division of hearings. The division
604+10 of hearings shall assist the commission in performing the functions of
605+11 this section. The director of the division of hearings may appoint a
606+12 special administrative law judge.
607+13 (c) A person who is not appointed by:
608+14 (1) the director of the division of hearings; or
609+15 (2) the commission;
610+16 may not act as an administrative law judge.
611+17 SECTION 15. IC 14-10-2-2.5, AS AMENDED BY THE
612+18 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
613+19 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
614+20 JULY 1, 2025]: Sec. 2.5. (a) A person who is the party in a hearing
615+21 under this title or IC 4-15-10.5 may move to have the
616+22 (1) administrative law judge appointed under IC 4-15-10.5 or
617+23 (2) administrative law judge appointed under section 2 of this
618+24 chapter;
619+25 consolidate multiple proceedings that are subject to the jurisdiction of
620+26 both the office of administrative law proceedings. and the division of
621+27 hearings.
622+28 (b) An administrative law judge shall grant the motion made under
623+29 subsection (a) if the following findings are made:
624+30 (1) The proceedings include the following:
625+31 (A) Common questions of law or fact.
626+32 (B) At least one (1) person, other than the department or the
627+33 department of environmental management, who is a party to
628+34 all the proceedings.
629+35 (C) Issues of water quality, water quantity, or both.
630+36 (2) Consolidation may support administrative efficiency.
631+37 (c) If a motion to consolidate proceedings has been is granted under
632+38 subsection (b), the hearing must be conducted by a panel that consists
633+39 of at least two (2) administrative law judges. The panel is the ultimate
634+40 authority for matters authorized under IC 4-21.5-7-5 IC 4-15-10.5 and
635+41 this title. Any party including the department and the department of
636+42 environmental management, to an action under this section may
637+EH 1466—LS 7521/DI 107 15
638+1 petition an appropriate court for judicial review of a final determination
639+2 of the panel under IC 4-21.5-5.
640+3 (d) The office of administrative law proceedings and the division of
641+4 hearings shall adopt joint rules to implement this section.
642+5 SECTION 16. IC 14-10-2-3 IS REPEALED [EFFECTIVE JULY 1,
643+6 2025]. Sec. 3. Except as provided in section 2.5 of this chapter and
644+7 IC 14-34-2-2, the commission is the ultimate authority of the
645+8 department under IC 4-21.5.
646+9 SECTION 17. IC 14-10-2-4, AS AMENDED BY P.L.93-2024,
647+10 SECTION 119, IS AMENDED TO READ AS FOLLOWS
648+11 [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The commission shall adopt
649+12 rules under IC 4-22-2 to carry out the commission's duties under this
650+13 title.
651+14 (b) The commission may adopt rules to exempt an activity from
652+15 licensing under this title, except:
653+16 (1) IC 14-34;
654+17 (2) IC 14-36-1; and
655+18 (3) IC 14-38-2;
656+19 if the activity poses not more than a minimal potential for harm.
657+20 (c) Except as provided in subsection (d), whenever the department
658+21 or the director has the authority to adopt rules under IC 4-22-2, the
659+22 commission shall exclusively exercise the authority in coordination
660+23 with the department.
661+24 (d) Interim rules adopted under section 5 of this chapter and
662+25 IC 4-22-2-37.2, or provisional rules under IC 4-22-2-37.1, shall be
663+26 adopted by the director.
664+27 (e) A person who violates a rule adopted by the commission
665+28 commits a Class C infraction, unless otherwise specified under state
666+29 law.
667+30 SECTION 18. IC 14-10-2-6 IS AMENDED TO READ AS
668+31 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) The commission
669+32 may issue a notice of violation to a person who violates a law
670+33 administered by the department for which a misdemeanor or an
671+34 infraction penalty is established. If the person:
672+35 (1) receives the notice; and
673+36 (2) fails to abate the violation within a period of not less than
674+37 fifteen (15) days specified in the notice;
675+38 the commission may impose a charge that does not exceed the
676+39 maximum amount that may be assessed by a court for committing the
677+40 violation.
678+41 (b) IC 4-21.5 applies to proceedings by the commission under this
679+42 section. The department has the burden of proving the alleged violation
680+EH 1466—LS 7521/DI 107 16
681+1 by a preponderance of the evidence.
682+2 (c) A separate notice of violation may be issued or a separate charge
683+3 imposed for each day a violation occurs.
684+4 (d) The person may establish as an affirmative defense the filing by
685+5 a prosecuting attorney of a misdemeanor information or infraction
686+6 complaint based on the same event as that upon which the notice of
687+7 violation was based. The person has the burden of proving the
688+8 affirmative defense.
689+9 (e) The remedy provided by this section is supplemental to other
690+10 remedies and subject to administrative adjudication under
691+11 IC 4-21.5.
692+12 SECTION 19. IC 14-10-2-8 IS ADDED TO THE INDIANA CODE
693+13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
694+14 1, 2025]: Sec. 8. A determination of the commission is subject to
695+15 administrative adjudication under IC 4-21.5.
696+16 SECTION 20. IC 14-11-1-3, AS AMENDED BY P.L.84-2016,
697+17 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
698+18 JULY 1, 2025]: Sec. 3. (a) A member of the commission or a division
699+19 director or a hearing officer appointed by the commission may do the
700+20 following:
701+21 (1) Administer oaths and certify to official acts.
702+22 (2) Require information from any person for purposes of this title.
703+23 (3) Issue subpoenas.
704+24 (4) Require the attendance of witnesses.
705+25 (5) Examine witnesses under oath.
706+26 (b) If a person fails to comply with an order issued under this
707+27 chapter or under IC 14-3-1 (before its repeal), the circuit court, superior
708+28 court, or probate court having jurisdiction over the person shall, on
709+29 request, require compliance with the order.
710+30 SECTION 21. IC 14-11-2-4 IS ADDED TO THE INDIANA CODE
711+31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
712+32 1, 2025]: Sec. 4. A determination of the department is subject to
713+33 administrative adjudication under IC 4-21.5.
714+34 SECTION 22. IC 14-11-3-2 IS AMENDED TO READ AS
715+35 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) Except as
716+36 provided in IC 14-34-2-2, The commission shall hold all hearings
717+37 under IC 4-21.5 and IC 4-22-2.
718+38 (b) The office of administrative law proceedings shall conduct
719+39 all administrative adjudications under IC 4-15-10.5.
720+40 SECTION 23. IC 14-15-3-11 IS AMENDED TO READ AS
721+41 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11. (a) The commission
722+42 may adopt rules under IC 4-22-2 to exempt a small lake containing
723+EH 1466—LS 7521/DI 107 17
724+1 more than seventy (70) acres from section 10 of this chapter if the
725+2 following conditions exist:
726+3 (1) A majority of the abutting property owners petitions the
727+4 commission as provided in this section.
728+5 (2) An unreasonable hazard to persons would not result.
729+6 (3) An unreasonable harm to fish, wildlife, or botanical resources
730+7 would not result.
731+8 (b) A petition under this section must specify one (1) of the
732+9 following periods for exemption from section 10 of this chapter:
733+10 (1) Each day of the week (Sunday through Saturday) from 1 p.m.
734+11 to 4 p.m. (local time prevailing).
735+12 (2) Monday, Thursday, and Saturday from 1 p.m. to 4 p.m. (local
736+13 time prevailing).
737+14 (3) Saturday from 1 p.m. to 4 p.m. (local time prevailing).
738+15 (4) Each day of the week (Sunday through Saturday) from sunrise
739+16 to sunset if the small lake is owned, leased, or operated in whole
740+17 or in part by a political subdivision (as defined in IC 36-1-2-13).
741+18 (5) Each day of the week (Sunday through Saturday) from sunrise
742+19 to sunset if the small lake is connected by a natural channel to a
743+20 lake having a surface area of more than three hundred (300) acres.
744+21 (c) The commission may not establish a period that deviates from
745+22 the period requested in the petition. However, the commission may
746+23 adopt rules to establish restrictions for the safe operation of watercraft
747+24 if unusual conditions or hazards would otherwise result by granting the
748+25 exemption.
749+26 (d) The commission may adopt rules under IC 4-22-2 to rescind or
750+27 amend an exemption granted under subsection (a) if:
751+28 (1) a majority of the abutting property owners of a small lake that
752+29 has been exempted under this section petitions the commission in
753+30 substantial accordance with the appropriate corresponding
754+31 requirements of subsection (f) to rescind the exemption; or
755+32 (2) the commission determines that because of the exemption:
756+33 (A) there is an unreasonable hazard to persons; or
757+34 (B) unreasonable harm to fish, wildlife, or botanical resources
758+35 is occurring.
759+36 (e) Before the adoption of a rule under subsection (a), the
760+37 commission must certify that the petition represents a majority of the
761+38 abutting property owners. A determination under this subsection is
762+39 subject to an administrative adjudication under IC 4-21.5.
763+40 (f) A petition under this section must be in the following form:
764+41 To the State of Indiana
765+42 Department of Natural Resources
766+EH 1466—LS 7521/DI 107 18
767+1 The undersigned, all owners of abutting property to (name of lake)
768+2 and situated in ___________ County, Indiana, petition the department
769+3 to post time periods exempting (name of lake) from speed limits as
770+4 specified in IC 14-15-3-10 as follows:
771+5 (Petition to specify one (1) of the time periods listed above.)
772+6 We certify that, according to land and water acreage maps on file
773+7 with the department or certified survey attached, (name of lake) is less
774+8 than three hundred (300) acres and more than seventy (70) acres, as
775+9 specified in IC 14-15-3 and that the signatures listed on this petition
776+10 represent a majority of bona fide property owners of abutting property
777+11 of (name of lake), as recorded in the office of the county recorder of
778+12 (name of county). The department may verify the validity of the
779+13 signatures. We also understand and agree that this petition, when
780+14 certified, may not be changed or altered within two (2) years from the
781+15 date of the certification.
782+16 ______________________ _____________________
783+17 Signed Lake Property Address
784+18 _____________________
785+19 Date
786+20 SECTION 24. IC 14-21-1-17 IS AMENDED TO READ AS
787+21 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. (a) Any person may
788+22 nominate a site or structure for addition to or removal from the register.
789+23 Upon approval of the nomination by the division, all affected persons
790+24 shall be notified.
791+25 (b) If an objection to the action is not filed with the division within
792+26 thirty (30) days after the notification date, the nomination is
793+27 automatically approved.
794+28 (c) If an objection is received within thirty (30) days, a designated
795+29 member of the review board shall hold a hearing and make a
796+30 determination. The review board shall make the final decision
797+31 regarding a nomination, subject to administrative review by the
798+32 commission and appeal under IC 4-21.5.
799+33 SECTION 25. IC 14-22-11-15, AS AMENDED BY P.L.164-2020,
800+34 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
801+35 JULY 1, 2025]: Sec. 15. (a) Each license and permit issued under this
802+36 article is issued upon the express condition, to which the licensee or
803+37 permittee by acceptance of the license or permit is considered to agree
804+38 and consent, that the licensee or permittee will obey and comply with
805+39 the following:
806+40 (1) All the terms, conditions, and rules:
807+41 (A) made by the director under this article; and
808+42 (B) incorporated in or attached to the license or permit when
809+EH 1466—LS 7521/DI 107 19
810+1 issued.
811+2 (2) This article.
812+3 (3) A wildlife law (as defined by IC 14-22-41-4(p)) while the
813+4 licensee is in another jurisdiction that has adopted the wildlife
814+5 violator compact (IC 14-22-41).
815+6 (b) A license or permit may be revoked or denied by the director at
816+7 any time without refund for any of the following:
817+8 (1) Failure to comply with or violation of the terms, conditions,
818+9 rules, or restrictions incorporated in or attached to the license or
819+10 permit when issued.
820+11 (2) Violation of this article.
821+12 (3) Violation of a wildlife law (as defined by IC 14-22-41-4(p))
822+13 occurring after October 31, 2000, by the licensee or permittee in
823+14 another jurisdiction that has adopted the wildlife violator compact
824+15 (IC 14-22-41).
825+16 (c) If a person's license or permit is revoked or denied because of a
826+17 violation described in subsection (b)(3), the person is entitled to a
827+18 review an administrative adjudication of the revocation or denial by
828+19 the commission. under IC 4-21.5. However, the commission
829+20 administrative law judge assigned by the office of administrative
830+21 law proceedings may not review the merits of the underlying violation
831+22 committed in another jurisdiction that prompted the revocation or
832+23 denial under the wildlife violator compact (IC 14-22-41).
833+24 (d) A person whose license or permit has been revoked or denied by
834+25 the director under this article may, by written request to the
835+26 commission and the office of administrative law proceedings, have
836+27 a hearing on the revocation or denial of issuance. Upon receipt of a
837+28 written request for a hearing on the revocation, the commission office
838+29 of administrative law proceedings shall do the following:
839+30 (1) set a date for the hearing, which may not be more than fifteen
840+31 (15) thirty (30) days from the date of receipt of the request.
841+32 (2) Give the person requesting the hearing at least five (5) days
842+33 notice of the date of the hearing, which shall be held in the office
843+34 of the director.
844+35 (3) Receive and keep a record of all evidence presented by the
845+36 person.
846+37 (4) After considering the evidence presented at the hearing,
847+38 rescind or affirm the order revoking or denying the license or
848+39 permit.
849+40 (e) Every court having jurisdiction of an offense committed in
850+41 violation of an Indiana law for the protection of wildlife may, at the
851+42 court's discretion, revoke the license of the offender for a minimum of
852+EH 1466—LS 7521/DI 107 20
853+1 at least one (1) year.
854+2 (f) After a revocation, the court shall forward to the division a
855+3 record of the conviction of the person in the court for a violation of the
856+4 law. At the time of the conviction, the court shall do the following:
857+5 (1) Obtain the license certificate of the defendant.
858+6 (2) Return the license certificate to the division.
859+7 (g) Any denial or revocation of a permit or license under this section
860+8 is subject to the terms of the wildlife violator compact (IC 14-22-41).
861+9 SECTION 26. IC 14-22-15-5 IS AMENDED TO READ AS
862+10 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) The director may:
863+11 (1) refuse under IC 4-21.5-3-5 to grant, renew, or restore; or
864+12 (2) suspend or revoke under IC 4-21.5-3-6;
865+13 a license of an individual who fails to keep a record or make a report
866+14 required by section 4 of this chapter.
867+15 (b) A determination of the director under this section is subject
868+16 to an administrative adjudication under IC 4-21.5.
869+17 SECTION 27. IC 14-22-15.5-6, AS ADDED BY P.L.154-2019,
870+18 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
871+19 JULY 1, 2025]: Sec. 6. (a) The director may:
872+20 (1) refuse under IC 4-21.5-3-5 to grant, renew, or restore; or
873+21 (2) suspend or revoke under IC 4-21.5-3-6;
874+22 a hunting guide license of an individual who fails to keep a record or
875+23 make a report required under section 5 of this chapter.
876+24 (b) A determination of the director under this section is subject
877+25 to administrative adjudication under IC 4-21.5.
878+26 SECTION 28. IC 14-22-28-4, AS AMENDED BY P.L.219-2014,
879+27 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
880+28 JULY 1, 2025]: Sec. 4. (a) The director may have an investigation
881+29 made of a complaint that wild animals are causing damage or posing
882+30 a health or safety threat to persons or domestic animals. If it is found
883+31 that:
884+32 (1) the damage has not been caused by wild animals; or
885+33 (2) the person has not complied did not comply with the
886+34 requirements under this chapter or a rule adopted under this
887+35 chapter;
888+36 the director shall deny the a permit shall be denied according to the
889+37 procedures in IC 4-21.5.
890+38 (b) A denial under this section is subject to administrative
891+39 adjudication under IC 4-21.5.
892+40 SECTION 29. IC 14-22-32-5 IS AMENDED TO READ AS
893+41 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. If a person violates
894+42 section 2(1) of this chapter, the department shall enter a recommended
895+EH 1466—LS 7521/DI 107 21
896+1 order to dispose of any game bird or exotic mammal the person owns,
897+2 keeps, harbors, or otherwise possesses. Before the order becomes a
898+3 final determination of the department, a hearing must be held under
899+4 IC 4-21.5-3. The hearing shall be conducted by an administrative law
900+5 judge for the commission. in the office of administrative law
901+6 proceedings. The determination of the administrative law judge is a
902+7 final agency action subject to administrative adjudication under
903+8 IC 4-21.5-1-6. IC 4-21.5.
904+9 SECTION 30. IC 14-24-1-4 IS REPEALED [EFFECTIVE JULY 1,
905+10 2025]. Sec. 4. The commission is the ultimate authority (as defined in
906+11 IC 4-21.5-1-15) for the department under this article.
907+12 SECTION 31. IC 14-24-3-9 IS REPEALED [EFFECTIVE JULY 1,
908+13 2025]. Sec. 9. The commission shall establish standards for
909+14 determining expenses and attorney's fees under IC 14-24-11-5.
910+15 SECTION 32. IC 14-24-5-7 IS AMENDED TO READ AS
911+16 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) If a pest or
912+17 pathogen is discovered by an inspection under this chapter, the division
913+18 shall provide a written notice to the person that owns or controls the
914+19 premises or plant where the pest or pathogen is located.
915+20 (b) The notice must include the following:
916+21 (1) A description of the action that is needed to destroy or control
917+22 the pest or pathogen.
918+23 (2) The date by which the action must be taken.
919+24 (c) The notice may provide that infested plants may not be sold or
920+25 transported from the site of inspection until the pest or pathogen is
921+26 successfully treated.
922+27 (d) A written notice issued under this section is effective when
923+28 served. A person that is aggrieved by the notice may request
924+29 administrative review an administrative adjudication of the notice
925+30 under IC 4-21.5-3-6. In addition, an aggrieved person may seek
926+31 temporary relief from the notice under IC 4-21.5-4. Unless otherwise
927+32 agreed to by the parties, a hearing on temporary relief must be
928+33 conducted within five (5) thirty (30) days of receipt of the hearing
929+34 request in the county where the infested plants are located.
930+35 SECTION 33. IC 14-24-8-2 IS AMENDED TO READ AS
931+36 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) If a pest or
932+37 pathogen is discovered as a result of an inspection under this chapter,
933+38 the division shall provide a written notice of the discovery to the person
934+39 that owns or controls the apiary.
935+40 (b) The notice must include the following:
936+41 (1) A description of the action needed to destroy or control the
937+42 pest or pathogen.
938+EH 1466—LS 7521/DI 107 22
939+1 (2) The date by which the action must be taken.
940+2 (c) The notice may provide that bees may not be sold or transported
941+3 from the apiary until the pest or pathogen is successfully treated. The
942+4 notice may require that bees shall be transferred to movable frame
943+5 hives within a specified time and that, if the transfer is not performed
944+6 as specified, the division director may order the destruction of all hives
945+7 and bees dwelling in the hives.
946+8 (d) A written notice issued under this section is effective when
947+9 served. A person who is aggrieved by the notice may request
948+10 administrative review an administrative adjudication under
949+11 IC 4-21.5-3-6. In addition, an aggrieved person may seek temporary
950+12 relief from the notice under IC 4-21.5-4. Unless otherwise agreed by
951+13 the parties, a hearing on temporary relief must be conducted within five
952+14 (5) days of receipt of the hearing request in the county where the apiary
953+15 is located. at a location convenient for both parties or virtually.
954+16 SECTION 34. IC 14-24-11-5 IS REPEALED [EFFECTIVE JULY
955+17 1, 2025]. Sec. 5. If an order is issued:
956+18 (1) under this article or under IC 14-7 (before its repeal); or
957+19 (2) as a result of an administrative proceeding under this article
958+20 or IC 14-7 (before its repeal);
959+21 the court or the director may assess against a party to the proceeding
960+22 the costs and expenses, including attorney's fees, incurred by the person
961+23 with respect to the proceedings, including a judicial review of a final
962+24 agency action. The award of attorney's fees shall be based on a
963+25 schedule of attorney's fees established by rules of the commission.
964+26 SECTION 35. IC 14-25-1-8, AS AMENDED BY P.L.151-2012,
965+27 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
966+28 JULY 1, 2025]: Sec. 8. Whenever a dispute arises between the users of
967+29 surface water in a watershed area, any party to the dispute may make
968+30 a formal request that the commission an administrative law judge
969+31 with the office of administrative law proceedings mediate the
970+32 dispute using the mediation provisions under IC 4-21.5-3.5.
971+33 SECTION 36. IC 14-25-4-20 IS AMENDED TO READ AS
972+34 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 20. (a) Upon the
973+35 declaration of a ground water emergency under section 9 of this
974+36 chapter, the director shall, by temporary order, require the immediate
975+37 temporary provision at the prior point of use of an adequate supply of
976+38 potable water. A temporary order under section 9 or 10 of this chapter
977+39 remains in effect for ninety (90) days unless:
978+40 (1) terminated by the director before the expiration of ninety (90)
979+41 days; or
980+42 (2) extended under IC 4-21.5-4-5(b) during the pendency of a
981+EH 1466—LS 7521/DI 107 23
982+1 proceeding under section 18(2) and 18(3) of this chapter.
983+2 (b) The commission shall implement section 18(2) and 18(3) of this
984+3 chapter by order. Before the commission enters an initial determination
985+4 of the order, the department shall conduct an investigation and provide
986+5 affected persons with an informal opportunity to contribute to the
987+6 investigation. All final orders An action of the commission shall must
988+7 be issued under IC 4-21.5-3.
989+8 SECTION 37. IC 14-25-5-13 IS AMENDED TO READ AS
990+9 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) A temporary
991+10 order issued under section 7 of this chapter or under IC 13-2-2.6-10
992+11 (before its repeal) must include a notice of hearing to be held under
993+12 IC 4-21.5-4 as soon as practicable after the declaration of the
994+13 freshwater lake emergency. Following the hearing, the director may
995+14 continue, amend, or terminate the freshwater lake emergency order
996+15 issued under section 7 of this chapter or under IC 13-2-2.6-10 (before
997+16 its repeal).
998+17 (b) If a freshwater lake emergency order issued under section 7 of
999+18 this chapter or under IC 13-2-2.6-10 (before its repeal) is terminated
1000+19 after a bond under section 10 of this chapter or under IC 13-2-2.6-13
1001+20 (before its repeal) has been filed, the termination order must provide
1002+21 for the immediate release of the bond.
1003+22 SECTION 38. IC 14-25-5-14 IS AMENDED TO READ AS
1004+23 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. Upon application
1005+24 by the director or a lake owner, the commission may cause a temporary
1006+25 order issued under section 7 of this chapter or under IC 13-2-2.6-10
1007+26 (before its repeal) to be made a permanent order. A permanent order is
1008+27 subject to an administrative adjudication under IC 4-21.5-3-6.
1009+28 SECTION 39. IC 14-25-15-12, AS ADDED BY P.L.4-2008,
1010+29 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1011+30 JULY 1, 2025]: Sec. 12. (a) This section governs any status
1012+31 determination of a baseline under section 4.12.2 of the compact for
1013+32 each of the following from the Indiana portion of the basin:
1014+33 (1) The total withdrawal capability registered under
1015+34 IC 14-25-7-15(c)(3) is deemed the existing withdrawal approval
1016+35 amount for section 4.12.2.a.i of the compact.
1017+36 (2) A consumptive use attributable to a facility described in
1018+37 IC 14-25-7-15(a)(1).
1019+38 (3) A facility that diverts water outside the basin.
1020+39 (b) The department shall make each determination required under
1021+40 subsection (a) following an investigation. Before completing the
1022+41 investigation, the department shall:
1023+42 (1) inform the owner of the facility of the amount of any proposed
1024+EH 1466—LS 7521/DI 107 24
1025+1 baseline; and
1026+2 (2) provide the owner with a period of at least thirty (30) days to
1027+3 offer documentation the owner believes would properly modify
1028+4 the proposed baseline amount.
1029+5 (c) The department shall provide notice under IC 4-21.5-3-5 of a
1030+6 status determination under this section to the owner of the facility for
1031+7 which the determination is made.
1032+8 (d) The owner of a facility for which a status determination is made
1033+9 under this section is the only person with standing to seek
1034+10 administrative review an administrative adjudication of the
1035+11 determination under IC 4-21.5.
1036+12 SECTION 40. IC 14-25.5-2-3 IS AMENDED TO READ AS
1037+13 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. A notice of violation
1038+14 issued under this chapter must include the following:
1039+15 (1) The nature of the violation.
1040+16 (2) The action that is appropriate to mitigate the violation.
1041+17 (3) The date by which the violation must be mitigated.
1042+18 (4) The procedure to obtain administrative review an
1043+19 administrative adjudication under IC 4-21.5 if a person is
1044+20 aggrieved by the issuance of the notice of violation.
1045+21 SECTION 41. IC 14-25.5-2-5 IS AMENDED TO READ AS
1046+22 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. A notice of violation
1047+23 issued under this chapter becomes effective without a proceeding under
1048+24 IC 4-21.5-3 unless a person requests administrative review an
1049+25 administrative adjudication under IC 4-21.5-3-6 within thirty (30)
1050+26 days after receipt of the notice.
1051+27 SECTION 42. IC 14-25.5-2-7, AS ADDED BY P.L.191-2023,
1052+28 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1053+29 JULY 1, 2025]: Sec. 7. (a) Subsection (b) applies if a person was
1054+30 issued a notice of violation under IC 14-27-7.5-11 for a structure that
1055+31 is classified by the department as a high hazard structure under the
1056+32 hazard classification system in IC 14-27-7.5-8(b)(1) and:
1057+33 (1) the person:
1058+34 (A) has exhausted all available administrative remedies under
1059+35 IC 4-21.5 relating to the violation; and
1060+36 (B) did not initiate judicial review of the department's
1061+37 enforcement action under IC 4-21.5-5 within the period
1062+38 allowed by IC 4-21.5-5-5;
1063+39 (2) the person has initiated judicial review of the department's
1064+40 enforcement action under IC 4-21.5-5 but the court did not set
1065+41 aside the enforcement action; or
1066+42 (3) the person has entered into a settlement agreement with the
1067+EH 1466—LS 7521/DI 107 25
1068+1 department concerning the violation.
1069+2 (b) The division may file an affidavit for recording in the county
1070+3 recorder's office of the county in which the property on which the
1071+4 violation or deficiency referred to in the notice of violation exists.
1072+5 When filing an affidavit for recording under this section, the division
1073+6 shall pay to the county recorder the fee charged for the recording of a
1074+7 document in the deed records of the county.
1075+8 (c) An affidavit filed under this section must:
1076+9 (1) include a sworn statement that a violation or deficiency exists
1077+10 on the property that is the subject of the notice of violation;
1078+11 (2) be recorded by the county recorder in the deed records of the
1079+12 county in accordance with IC 36-2-7-10 and IC 36-2-11-16.5;
1080+13 (3) be designed and worded so as to provide notice to the public,
1081+14 including any contractor or other person that intends to perform
1082+15 construction work on the property on which the violation or
1083+16 deficiency referred to in the notice of violation exists; and
1084+17 (4) include:
1085+18 (A) the full legal description of the property; and
1086+19 (B) the most current name of the owner of the property as
1087+20 shown in the records of the auditor of the county where the
1088+21 property is located.
1089+22 (d) When the violation or deficiency referred to in the notice of
1090+23 violation is resolved, the department shall file a release of the affidavit
1091+24 with the county recorder to remove the affidavit from the deed records
1092+25 of the county. The release filed under this subsection must:
1093+26 (1) include a reference to the affidavit; and
1094+27 (2) meet the recording requirements specified in IC 36-2-11-15
1095+28 through IC 36-2-11-16.5.
1096+29 The department shall pay to the county recorder the fee charged for
1097+30 recording the release.
1098+31 (e) The presence of an affidavit recorded under this section in the
1099+32 deed records of the county in which the property referred to in the
1100+33 affidavit is located does not:
1101+34 (1) constitute a judgment lien against the property;
1102+35 (2) invalidate the conveyance, purchase, lease, or acquisition of
1103+36 the property; or
1104+37 (3) deprive the holder of title to the property of marketable record
1105+38 title (as defined in IC 32-20-2-2) for the purposes of IC 32-20.
1106+39 SECTION 43. IC 14-25.5-4-4, AS AMENDED BY P.L.195-2014,
1107+40 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1108+41 JULY 1, 2025]: Sec. 4. (a) A civil penalty assessed for a violation
1109+42 described in section 3 of this chapter is subject to IC 4-21.5-3-6 and
1110+EH 1466—LS 7521/DI 107 26
1111+1 becomes effective without a proceeding under IC 4-21.5-3 unless a
1112+2 person requests an administrative review within an administrative
1113+3 adjudication under IC 4-21.5 not later than thirty (30) days after
1114+4 receipt of the notice of assessment.
1115+5 (b) A civil penalty that is assessed for a violation described in
1116+6 section 3 of this chapter shall be deposited in the fund.
1117+7 SECTION 44. IC 14-26-2-24, AS ADDED BY P.L.6-2008,
1118+8 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1119+9 JULY 1, 2025]: Sec. 24. (a) Relying on recommendations of the
1120+10 department and the advisory council established by IC 14-9-6-1, the
1121+11 commission shall adopt, under IC 4-22-7-7(a)(5)(A), and maintain a
1122+12 nonrule policy statement that lists the public freshwater lakes in
1123+13 Indiana. For each public freshwater lake the statement must include the
1124+14 following information:
1125+15 (1) The name of the lake.
1126+16 (2) The county and specific location within the county where the
1127+17 lake is located.
1128+18 (b) A person may obtain administrative review an administrative
1129+19 adjudication from the commission office of administrative law
1130+20 proceedings for the listing or nonlisting of a lake as a public
1131+21 freshwater lake through a licensure action, status determination, or
1132+22 enforcement action under IC 4-21.5.
1133+23 SECTION 45. IC 14-27-7.3-14, AS ADDED BY P.L.104-2020,
1134+24 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1135+25 JULY 1, 2025]: Sec. 14. (a) A person may appeal an administrative
1136+26 decision or penalty assessed under this chapter to the commission.
1137+27 under IC 4-21.5.
1138+28 (b) IC 4-21.5 applies to proceedings by the commission under this
1139+29 section.
1140+30 SECTION 46. IC 14-27-7.5-16, AS AMENDED BY P.L.129-2022,
1141+31 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1142+32 JULY 1, 2025]: Sec. 16. (a) A property owner, the owner's
1143+33 representative, or an individual who resides downstream from a
1144+34 structure:
1145+35 (1) over which the department does not have jurisdiction under
1146+36 this chapter; and
1147+37 (2) that the property owner, the owner's representative, or the
1148+38 individual believes would cause a loss of life or serious damage
1149+39 to the person's home, industrial or commercial building, public
1150+40 utility, major highway, or railroad if the structure fails;
1151+41 may request in writing that the department declare the structure a high
1152+42 hazard structure.
1153+EH 1466—LS 7521/DI 107 27
1154+1 (b) If the department receives a request under subsection (a), the
1155+2 department shall:
1156+3 (1) investigate the structure and the area downstream from the
1157+4 structure;
1158+5 (2) notify the owner of the structure that the structure is being
1159+6 investigated;
1160+7 (3) review written statements and technical documentation from
1161+8 any interested party; and
1162+9 (4) after considering the available information, determine whether
1163+10 or not the structure is a high hazard structure.
1164+11 (c) The department shall issue a written notice of the department's
1165+12 determination under subsection (b) to:
1166+13 (1) the individual who requested the determination; and
1167+14 (2) the owner of the structure that is the subject of the request.
1168+15 (d) Either:
1169+16 (1) the individual who requested a determination; or
1170+17 (2) the owner of the structure that is the subject of the request;
1171+18 may request an administrative review an administrative adjudication
1172+19 under IC 4-21.5-3-6 within thirty (30) days after receipt of the written
1173+20 determination.
1174+21 (e) If the department determines that a structure is a high hazard
1175+22 structure under subsection (b), the provisions of this chapter
1176+23 concerning high hazard structures apply to the structure.
1177+24 SECTION 47. IC 14-28-1-6 IS AMENDED TO READ AS
1178+25 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. Each county agent,
1179+26 city engineer, county engineer, county surveyor, and state agency shall
1180+27 obtain, provide, and furnish pertinent data and information that is
1181+28 requested by an order of the commission or the office of
1182+29 administrative law proceedings, subject to the approval of the
1183+30 governor.
1184+31 SECTION 48. IC 14-28-1-28 IS AMENDED TO READ AS
1185+32 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 28. (a) The commission
1186+33 may by order:
1187+34 (1) establish a floodway as a commission floodway; and
1188+35 (2) alter, change, or revoke and terminate the commission
1189+36 floodway.
1190+37 (b) In the order establishing the commission floodway, the
1191+38 commission shall fix the following:
1192+39 (1) The floodway's length at any practical distance.
1193+40 (2) The floodway's width or the landside limits so as to include
1194+41 parts of the flood plains adjoining the channel that, with the
1195+42 channel, are reasonably required to efficiently carry and discharge
1196+EH 1466—LS 7521/DI 107 28
1197+1 the flood waters or flood flow of the river or stream.
1198+2 (c) Notwithstanding any other provision of law, an order
1199+3 establishing a commission floodway is not in force until notice has
1200+4 been given as follows:
1201+5 (1) In writing to the county executive in the county affected.
1202+6 (2) By publication at least two (2) times, seven (7) days apart, as
1203+7 follows:
1204+8 (A) In two (2) daily newspapers in the city of Indianapolis as
1205+9 provided in IC 5-3-1-6.
1206+10 (B) In newspapers in the counties where all or part of the
1207+11 commission floodway is established as provided in IC 5-3-1-6.
1208+12 (d) All of the area within a commission floodway is the floodway for
1209+13 all purposes of this chapter.
1210+14 (e) A determination by the commissioner under this section is
1211+15 subject to an administrative adjudication under IC 4-21.5.
1212+16 SECTION 49. IC 14-28-1-30 IS AMENDED TO READ AS
1213+17 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 30. IC 4-21.5 applies
1214+18 to a determination of the commission.
1215+19 SECTION 50. IC 14-30.5-2-2, AS ADDED BY P.L.251-2023,
1216+20 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1217+21 JULY 1, 2025]: Sec. 2. (a) If one (1) county executive submits an
1218+22 ordinance and a written request for recognition of a proposed
1219+23 watershed development commission under section 1(c) of this chapter,
1220+24 the natural resources commission shall decide under subsections (c)
1221+25 through (e) whether to recognize the proposed commission.
1222+26 (b) If the county executives of two (2) or more counties submit
1223+27 ordinances and written requests under section 1(c) of this chapter for
1224+28 recognition of a single proposed watershed development commission
1225+29 empowered to act in a single designated watershed that includes areas
1226+30 within both or all of the counties:
1227+31 (1) the natural resources commission may not decide whether to
1228+32 recognize the proposed commission unless the provisions of the
1229+33 ordinances submitted under section 1(c)(1) of this chapter are
1230+34 essentially identical in:
1231+35 (A) identifying the designated watershed; and
1232+36 (B) stating the purposes of the proposed commission; and
1233+37 (2) if the natural resources commission determines that the
1234+38 requirement set forth in subdivision (1) is met, the natural
1235+39 resources commission shall decide under subsections (c) through
1236+40 (e) whether to recognize the proposed commission.
1237+41 (c) Before making a decision whether to recognize a proposed
1238+42 commission under this section, the natural resources commission shall
1239+EH 1466—LS 7521/DI 107 29
1240+1 hold at least one (1) public hearing concerning the proposed
1241+2 commission in each county whose executive submitted an ordinance
1242+3 and a written request for recognition of the proposed commission under
1243+4 section 1(c) of this chapter. Any interested person attending a public
1244+5 hearing held under this subsection shall have the right to:
1245+6 (1) address the natural resources commission; and
1246+7 (2) provide written comments;
1247+8 on whether the proposed commission should be established. An officer
1248+9 or employee of the division of hearings of The natural resources
1249+10 commission may on behalf of the natural resources commission,
1250+11 convene the meeting, record the testimony given, and receive the
1251+12 written comments provided.
1252+13 (d) The natural resources commission shall give notice of a public
1253+14 hearing to be held under subsection (c):
1254+15 (1) by publication at least one (1) time in one (1) newspaper of
1255+16 general circulation in the county in which the hearing will be
1256+17 held; and
1257+18 (2) through the website of the natural resources commission.
1258+19 (e) In deciding whether to recognize a proposed commission, the
1259+20 natural resources commission shall determine the answer to each of the
1260+21 following questions:
1261+22 (1) Are the purposes for which the proposed commission would
1262+23 be established, as set forth in the ordinance or ordinances under
1263+24 section 1(b)(3) of this chapter, within the purposes set forth in
1264+25 IC 14-30.5-3-1 for which a watershed development commission
1265+26 may be established?
1266+27 (2) Do the purposes of the proposed commission, as set forth in
1267+28 the ordinance or ordinances under section 1(b)(3) of this chapter,
1268+29 correspond to legitimate flood damage reduction, drainage, storm
1269+30 water management, recreation, or water infrastructure needs of
1270+31 each county seeking establishment of the commission, as set forth
1271+32 under section 1(b)(4) of this chapter?
1272+33 (3) Is it reasonable to expect that the establishment of a
1273+34 commission having powers under this article only in the county
1274+35 or counties from which the ordinance or ordinances were
1275+36 submitted under section 1(c)(1) of this chapter would effectively
1276+37 address the flood damage reduction, drainage, storm water
1277+38 management, recreation, or water infrastructure needs of each
1278+39 county that submitted an ordinance under section 1(c)(1) of this
1279+40 chapter?
1280+41 (4) Is it reasonable to expect that the establishment of a
1281+42 commission that has powers under this article only in the area or
1282+EH 1466—LS 7521/DI 107 30
1283+1 areas inside the geographic boundaries of the designated
1284+2 watershed would effectively address the flood damage reduction,
1285+3 drainage, storm water management, recreation, or water
1286+4 infrastructure needs of each county that submitted an ordinance
1287+5 under section 1(c)(1) of this chapter?
1288+6 (5) Is the territory of the proposed commission at least as large as
1289+7 the entirety of the same eight (8) digit U.S. Geological Survey
1290+8 hydrologic unit code?
1291+9 (6) Has a regional watershed study or watershed management
1292+10 plan been conducted in consultation with the Indiana finance
1293+11 authority and the department of natural resources that assesses
1294+12 water use, water quality, drinking water systems, wastewater
1295+13 management systems, storm water management, flood control,
1296+14 drainage management, recreational uses, natural resources, and
1297+15 water infrastructure needs of the watershed of the proposed
1298+16 commission? If so, can the establishment of the proposed
1299+17 commission be expected to address the needs identified in that
1300+18 study or management plan?
1301+19 (f) If:
1302+20 (1) one (1) county's executive submits an ordinance and a request
1303+21 for recognition of a proposed commission under section 1(c) of
1304+22 this chapter; and
1305+23 (2) the natural resources commission answers all of the questions
1306+24 set forth in subsection (e) favorably;
1307+25 the natural resources commission shall issue an order recognizing the
1308+26 watershed development commission and recognizing the county
1309+27 referred to in subdivision (1) as a member of the watershed
1310+28 development commission.
1311+29 (g) If:
1312+30 (1) executives of two (2) or more counties submit ordinances and
1313+31 requests for recognition of a proposed watershed development
1314+32 commission under section 1(c) of this chapter; and
1315+33 (2) the natural resources commission answers all of the questions
1316+34 set forth in subsection (e) favorably with respect to at least one (1)
1317+35 of the counties;
1318+36 the natural resources commission shall issue an order recognizing the
1319+37 watershed development commission and recognizing as a member of
1320+38 the watershed development commission each county with respect to
1321+39 which the natural resources commission answered all of the questions
1322+40 set forth in subsection (e) favorably.
1323+41 (h) If the natural resources commission does not answer all of the
1324+42 questions set forth in subsection (e) favorably with respect to a county,
1325+EH 1466—LS 7521/DI 107 31
1326+1 the natural resources commission shall:
1327+2 (1) inform the executive of the county in writing of its decision;
1328+3 and
1329+4 (2) specify in the writing the reason or reasons for each
1330+5 unfavorable answer.
1331+6 (i) The action of the natural resources commission under this section
1332+7 in declining to recognize a proposed watershed development
1333+8 commission for a particular watershed does not preclude the later
1334+9 submission of one (1) or more new ordinances and written requests for
1335+10 recognition of a proposed watershed development commission for the
1336+11 same designated watershed.
1337+12 (j) An action of the natural resources commission under this section
1338+13 declining to recognize a particular county as a member of a watershed
1339+14 development commission does not preclude the later submission of:
1340+15 (1) another ordinance and written request under section 1(c) of
1341+16 this chapter for recognition of the county as a member of another
1342+17 proposed watershed development commission; or
1343+18 (2) an ordinance and written request under section 4 or 5 of this
1344+19 chapter proposing the county for membership in an established
1345+20 watershed development commission.
1346+21 SECTION 51. IC 14-30.5-2-6, AS ADDED BY P.L.251-2023,
1347+22 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1348+23 JULY 1, 2025]: Sec. 6. (a) A county to which section 4 or 5 of this
1349+24 chapter applies may not become a member of an existing watershed
1350+25 development commission unless:
1351+26 (1) the executives of all of the counties that are members of the
1352+27 existing commission adopt ordinances accepting the county as a
1353+28 member county of the existing commission; and
1354+29 (2) the natural resources commission issues an order under this
1355+30 section recognizing the county as a member county of the existing
1356+31 commission.
1357+32 (b) Before making a decision whether to recognize a county as a
1358+33 member county of an existing commission under this section, the
1359+34 natural resources commission shall hold at least one (1) public hearing
1360+35 in the county concerning the proposed membership of the county in the
1361+36 existing commission. Any interested person attending a public hearing
1362+37 held under this subsection shall have the right to:
1363+38 (1) address the natural resources commission; and
1364+39 (2) provide written comments;
1365+40 concerning the proposed membership of the county in the existing
1366+41 commission. An officer or employee of the division of hearings of The
1367+42 natural resources commission may on behalf of the natural resources
1368+EH 1466—LS 7521/DI 107 32
1369+1 commission, convene the meeting, record the testimony given, and
1370+2 receive the written comments provided.
1371+3 (c) The natural resources commission shall give notice of a public
1372+4 hearing to be held under subsection (b):
1373+5 (1) by publication at least one (1) time in one (1) newspaper of
1374+6 general circulation in the county in which the hearing will be
1375+7 held; and
1376+8 (2) through the website of the natural resources commission.
1377+9 (d) In deciding whether to recognize a county to which section 4 or
1378+10 5 of this chapter applies as a member of an existing commission, the
1379+11 natural resources commission shall determine the answer to each of the
1380+12 following questions:
1381+13 (1) Do the stated purposes for which the watershed development
1382+14 commission was established correspond to the flood damage
1383+15 reduction, drainage, storm water management, recreation, or
1384+16 water infrastructure needs of the county, as stated under section
1385+17 4(b)(3) or 5(b)(3) of this chapter?
1386+18 (2) Is it reasonable to expect that the county's flood damage
1387+19 reduction, drainage, storm water management, recreation, or
1388+20 water infrastructure needs, as stated under section 4(b)(3) or
1389+21 5(b)(3) of this chapter, would be addressed more effectively if the
1390+22 county were a member of the existing commission than those
1391+23 needs have previously been addressed?
1392+24 (3) Would the county's membership in the existing commission
1393+25 diminish the effectiveness of the existing watershed development
1394+26 commission in addressing the flood damage reduction, drainage,
1395+27 storm water management, recreation, or water infrastructure
1396+28 needs of other member counties?
1397+29 (4) Is the territory of the proposed commission at least as large as
1398+30 the entirety of the same eight (8) digit U.S. Geological Survey
1399+31 hydrologic unit code?
1400+32 (5) Has a regional watershed study or watershed management
1401+33 plan been conducted in consultation with Indiana finance
1402+34 authority and the department of natural resources that assesses
1403+35 water use, water quality, drinking water systems, wastewater
1404+36 management systems, storm water management, flood control,
1405+37 drainage management, recreational uses, natural resources, and
1406+38 water infrastructure needs of the watershed of the proposed
1407+39 commission? If so, can the establishment of the proposed
1408+40 commission be expected to address the needs identified in that
1409+41 study or management plan?
1410+42 (e) If the natural resources commission answers all of the questions
1411+EH 1466—LS 7521/DI 107 33
1412+1 set forth in subsection (d) favorably, the natural resources commission
1413+2 shall issue an order recognizing the membership of the county in the
1414+3 existing commission.
1415+4 (f) If the natural resources commission does not answer all of the
1416+5 questions set forth in subsection (d) favorably, the natural resources
1417+6 commission shall inform the executive of the county to which section
1418+7 4 or 5 of this chapter applies in writing of its decision and specify in the
1419+8 writing the reason or reasons for each unfavorable answer.
1420+9 (g) An action of the natural resources commission under this section
1421+10 declining to recognize a county as a member of an established
1422+11 watershed development commission does not preclude the later
1423+12 submission of another ordinance under section 4 or 5 of this chapter
1424+13 seeking membership for the county in an existing commission.
1425+14 SECTION 52. IC 14-31-3-11 IS AMENDED TO READ AS
1426+15 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11. (a) The department
1427+16 may after notice and a hearing, revoke or suspend the license of a
1428+17 person who violates this chapter. All proceedings under this chapter to
1429+18 revoke or suspend a license shall be conducted in the manner
1430+19 prescribed by IC 4-21.5-3. are subject to IC 4-21.5.
1431+20 (b) If a court determines that a person has violated this chapter, the
1432+21 court may, in addition to any other penalty, do the following:
1433+22 (1) Suspend or revoke the license of the person for any period of
1434+23 time for which the license was issued.
1435+24 (2) Order that a license not be issued to the person for a period not
1436+25 longer than five (5) years.
1437+26 SECTION 53. IC 14-33-6-4, AS AMENDED BY P.L.56-2023,
1438+27 SECTION 134, IS AMENDED TO READ AS FOLLOWS
1439+28 [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The commission shall do the
1440+29 following:
1441+30 (1) Review each district plan.
1442+31 (2) Request the technical assistance of any other state agency,
1443+32 including:
1444+33 (A) the environmental rules board;
1445+34 (B) the Indiana department of health; and
1446+35 (C) the department of environmental management;
1447+36 having administrative jurisdiction over any of the purposes of the
1448+37 district.
1449+38 (b) The commission may also request technical assistance of any
1450+39 federal agency.
1451+40 (c) The commission shall approve a plan if the following conditions
1452+41 are met:
1453+42 (1) Any other state agency having authority over certain purposes
1454+EH 1466—LS 7521/DI 107 34
1455+1 of the district has approved that part of the plan.
1456+2 (2) The commission finds that the plan accomplishes in an
1457+3 economical manner the purpose for which the district is
1458+4 established.
1459+5 (d) The commission may reject a plan or any part of a plan. The
1460+6 board may make the changes that are necessary to secure the approval
1461+7 of the commission.
1462+8 (e) A determination of the commission under this section is
1463+9 subject to an administrative adjudication under IC 4-21.5.
1464+10 SECTION 54. IC 14-34-2-2, AS AMENDED BY P.L.128-2024,
1465+11 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1466+12 JULY 1, 2025]: Sec. 2. (a) The commission shall appoint the following:
1467+13 (1) An administrative law judge to conduct proceedings under
1468+14 IC 4-21.5. An administrative law judge is subject to IC 14-10-2-2.
1469+15 (2) A hearing officer to conduct proceedings under IC 4-22-2.
1470+16 (b) (a) An administrative law judge with the office of
1471+17 administrative law proceedings is the ultimate authority for the
1472+18 department for any an administrative review adjudication proceeding
1473+19 under this article. except for the following:
1474+20 (1) Proceedings concerning the approval or disapproval of a
1475+21 permit application or permit renewal under IC 14-34-4-13.
1476+22 (2) Proceedings for suspension or revocation of a permit under
1477+23 IC 14-34-15-7.
1478+24 (3) Proceedings consolidated with the office of administrative law
1479+25 proceedings under IC 14-10-2-2.5.
1480+26 (c) (b) An order made by an administrative law judge with the
1481+27 office of administrative law proceedings granting or denying
1482+28 temporary relief from a decision of the director is a final order. of the
1483+29 department.
1484+30 (d) (c) Judicial review of a final order made by an administrative
1485+31 law judge with the office of administrative law proceedings under
1486+32 subsection (b) or (c) this section or under IC 13-4.1-2-1(c) or
1487+33 IC 13-4.1-2-1(d) (before their repeal) may be taken under IC 4-21.5-5.
1488+34 SECTION 55. IC 14-34-2-7 IS AMENDED TO READ AS
1489+35 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) After the
1490+36 commission has adopted rules as required by section 1 of this chapter,
1491+37 any person may petition the commission to initiate a proceeding for the
1492+38 adoption, amendment, or repeal of a rule adopted to enforce this article.
1493+39 (b) The petition must set forth facts that the petitioner claims
1494+40 necessitate the adoption, amendment, or repeal of the rule described in
1495+41 subsection (a).
1496+42 (c) The petition must specify the petitioner's proposed adoption,
1497+EH 1466—LS 7521/DI 107 35
1498+1 amendment, or repeal of a rule.
1499+2 (d) Upon receipt of the petition, the commission may conduct any
1500+3 necessary investigations and hold a public hearing that is not subject
1501+4 to IC 4-21.5 to determine whether the petition should be granted. The
1502+5 commission may not hold a public hearing if the petition is incomplete.
1503+6 (e) Within ninety (90) days of receipt of the petition, the
1504+7 commission shall either grant or deny the petition. If the petition is
1505+8 granted, the commission shall adopt, amend, or repeal the rule under
1506+9 IC 4-22-2. The commission shall send written notice to the petitioner
1507+10 setting forth the reasons for granting or denying the petition.
1508+11 (f) A determination under this section is subject to an
1509+12 administrative adjudication under IC 4-21.5.
1510+13 SECTION 56. IC 14-34-4-13 IS AMENDED TO READ AS
1511+14 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) Within Not
1512+15 later than thirty (30) days after an applicant is notified of the approval
1513+16 or disapproval of an application:
1514+17 (1) the applicant; or
1515+18 (2) any person with an interest that is or may be adversely
1516+19 affected;
1517+20 may request a hearing under IC 4-21.5 on the reasons for the final
1518+21 determination. The request must identify the person's interest that is or
1519+22 may be affected by the approval or disapproval of the application.
1520+23 (b) Upon receipt of a request for a hearing under subsection (a), the
1521+24 commission shall do the following:
1522+25 (1) Hold a hearing within thirty (30) days of the receipt of the
1523+26 request.
1524+27 (2) Notify the applicant and all interested parties of the time and
1525+28 place of the hearing.
1526+29 (3) Conduct the hearing and proceedings in accordance with
1527+30 IC 4-21.5. For all hearings and proceedings commenced after July
1528+31 1, 1991, the commission is limited to the record before the
1529+32 director.
1530+33 (c) (b) Within Not later than thirty (30) days after the an
1531+34 evidentiary hearing, the commission office of administrative law
1532+35 proceedings shall furnish:
1533+36 (1) the applicant; and
1534+37 (2) all persons who participated in the hearing;
1535+38 a written decision and state the reasons for the decision.
1536+39 SECTION 57. IC 14-34-4-17 IS AMENDED TO READ AS
1537+40 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. If a hearing is
1538+41 requested under section 13 of this chapter, the commission
1539+42 administrative law judge may under the conditions that the
1540+EH 1466—LS 7521/DI 107 36
1541+1 commission prescribes, grant appropriate temporary relief pending
1542+2 final determination of the proceedings if the following conditions are
1543+3 met:
1544+4 (1) All parties to the proceedings are notified and given an
1545+5 opportunity to be heard on a request for temporary relief.
1546+6 (2) The person requesting temporary relief shows a substantial
1547+7 likelihood that the person will prevail on the merits of the final
1548+8 determination of the proceeding.
1549+9 (3) Temporary relief will not adversely affect the public health or
1550+10 safety or cause significant imminent environmental harm to land,
1551+11 air, or water resources.
1552+12 SECTION 58. IC 14-34-6-11, AS AMENDED BY P.L.152-2021,
1553+13 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1554+14 JULY 1, 2025]: Sec. 11. (a) If written objections are filed and a hearing
1555+15 requested under section 10 of this chapter, the director shall do the
1556+16 following:
1557+17 (1) Inform all the interested parties of the date, time, and location
1558+18 of the hearing.
1559+19 (2) Publish notice of the information one (1) time each week for
1560+20 two (2) consecutive weeks:
1561+21 (A) with each publication of notice in a newspaper of general
1562+22 circulation in the county where the surface coal mining and
1563+23 reclamation operation proposed for bond release is located; or
1564+24 (B) with the first publication of notice in the newspaper
1565+25 described in clause (A) and the second publication of notice:
1566+26 (i) in accordance with IC 5-3-5; and
1567+27 (ii) on the official web site website of the county where the
1568+28 surface coal mining and reclamation operation proposed for
1569+29 bond release is located.
1570+30 (b) The director shall hold the public hearing in accordance with
1571+31 IC 14-34-4-5:
1572+32 (1) in the county where the surface coal mining and reclamation
1573+33 operation proposed for bond release is located; or
1574+34 (2) at the state capital;
1575+35 at the option of the objector, within thirty (30) days of the request for
1576+36 the hearing.
1577+37 (c) At a public hearing held under this section, the director may
1578+38 inspect the land affected and other surface coal mining operations
1579+39 carried on by the applicant in the vicinity.
1580+40 (d) The director shall notify the permittee in writing of the decision
1581+41 and findings of the hearing within thirty (30) days of the completion of
1582+42 the hearing.
1583+EH 1466—LS 7521/DI 107 37
1584+1 (e) The director's decision is subject to an administrative
1585+2 adjudication under IC 4-21.5.
1586+3 SECTION 59. IC 14-34-16-1 IS AMENDED TO READ AS
1587+4 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) The director:
1588+5 (1) may, after an opportunity for a public hearing under
1589+6 IC 4-21.5-3, assess a civil penalty on a permittee who violates:
1590+7 (A) this article; or
1591+8 (B) IC 13-4.1 (before its repeal); and
1592+9 (2) shall, if the director has issued a cessation order for the
1593+10 violation to the permittee, assess a civil penalty.
1594+11 (b) The civil penalty assessed under this section may be in an
1595+12 amount of not more than five thousand dollars ($5,000) for each
1596+13 violation.
1597+14 (c) If an operator fails to correct a violation for which a notification
1598+15 has been issued under:
1599+16 (1) IC 13-4.1-11-4 (before its repeal); or
1600+17 (2) IC 14-34-15-5;
1601+18 in the allotted time for correction, the director may, if a civil penalty is
1602+19 assessed, assess a civil penalty of not less than seven hundred fifty
1603+20 dollars ($750) for each day during which the failure or violation
1604+21 continues.
1605+22 (d) The time for correction of a violation does not end until the entry
1606+23 of:
1607+24 (1) a final order by the director, for review proceedings initiated
1608+25 by the operator if the director orders, after an expedited hearing,
1609+26 the suspension of the abatement requirements of the citation
1610+27 based upon a determination that the operator will suffer
1611+28 irreparable loss or damage from the application of those
1612+29 requirements; or
1613+30 (2) an order of the court, for review proceedings initiated by the
1614+31 operator if the court orders the suspension of the abatement
1615+32 requirements of the citation.
1616+33 (e) A civil penalty under this section is subject to an
1617+34 administrative adjudication under IC 4-21.5.
1618+35 SECTION 60. IC 14-34-16-4 IS AMENDED TO READ AS
1619+36 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) Upon the
1620+37 issuance of a notice or an order charging that a violation of IC 13-4.1
1621+38 (before its repeal) or this article has occurred, the director shall, within
1622+39 thirty (30) days, do the following:
1623+40 (1) Inform the permittee of the amount of penalty assessed.
1624+41 (2) Issue an order to the permittee to pay the penalty.
1625+42 (b) The permittee has thirty (30) days from receipt of the order to:
1626+EH 1466—LS 7521/DI 107 38
1627+1 (1) pay the penalty; or
1628+2 (2) request a hearing to contest the amount.
1629+3 (c) If the permittee requests a hearing, the permittee shall forward
1630+4 an amount equal to the assessed penalty to the director, who shall place
1631+5 the amount in an escrow account. A permittee who desires to contest
1632+6 the violation or amount of penalty assessed but fails to forward the
1633+7 amount to the director waives all legal rights to contest the violation or
1634+8 amount of penalty assessed.
1635+9 (d) The commission:
1636+10 (1) shall conduct the hearing in accordance with IC 4-21.5-3; and
1637+11 (2) may consolidate this hearing with a hearing conducted under
1638+12 IC 14-34-15 if appropriate.
1639+13 (e) (d) If it is determined at the hearing that the civil penalty is
1640+14 appropriate, the commission shall issue to the permittee a written
1641+15 decision and an order to pay the penalty within thirty (30) days of
1642+16 receipt of the order.
1643+17 (f) (e) If, through administrative or judicial review of the assessed
1644+18 penalty:
1645+19 (1) it is determined that a violation did not occur; or
1646+20 (2) the amount of penalty is reduced;
1647+21 the director shall, within thirty (30) days of the decision, remit the
1648+22 appropriate amount to the permittee with interest at the rate of eight
1649+23 percent (8%) per year.
1650+24 (f) A civil penalty under this section is subject to an
1651+25 administrative adjudication under IC 4-21.5.
1652+26 SECTION 61. IC 14-36-1-32 IS AMENDED TO READ AS
1653+27 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 32. IC 4-21.5 applies
1654+28 to a determination made under this chapter.
1655+29 SECTION 62. IC 14-37-3-17 IS AMENDED TO READ AS
1656+30 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. An order resulting
1657+31 from an informal hearing under section 16 of this chapter is subject to
1658+32 administrative review an administrative adjudication under
1659+33 IC 4-21.5, except an order under section 16(1) of this chapter, which
1660+34 is subject to review under IC 4-22-2.
1661+35 SECTION 63. IC 14-37-8-10 IS AMENDED TO READ AS
1662+36 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) Any person may
1663+37 request a hearing before the commission under IC 4-21.5 to consider
1664+38 whether a well for oil and gas purposes is:
1665+39 (1) leaking or may leak a deleterious substance into an aquifer
1666+40 containing fresh water or onto the surface of the land; or
1667+41 (2) allowing oil or gas from the well to escape into the
1668+42 atmosphere.
1669+EH 1466—LS 7521/DI 107 39
1670+1 (b) A determination under this section is subject to an
1671+2 administrative adjudication under IC 4-21.5.
1672+3 SECTION 64. IC 14-37-9-4 IS AMENDED TO READ AS
1673+4 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. The commission
1674+5 office of administrative law proceedings shall determine any dispute
1675+6 that arises under this chapter under IC 4-21.5.
1676+7 SECTION 65. IC 14-37-12-3 IS AMENDED TO READ AS
1677+8 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. A notice of violation
1678+9 under this chapter is subject to IC 4-21.5-3-6. The notice must include
1679+10 the following:
1680+11 (1) The nature of the violation.
1681+12 (2) What action is appropriate to abate the violation.
1682+13 (3) The date by which the violation must be abated.
1683+14 (4) The procedure to obtain administrative review an
1684+15 administrative adjudication under IC 4-21.5 if the owner or
1685+16 operator is aggrieved by issuance of the notice of violation.
1686+17 SECTION 66. IC 14-37-12-4 IS AMENDED TO READ AS
1687+18 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. A notice of violation
1688+19 issued under this chapter becomes effective without a proceeding under
1689+20 IC 4-21.5-3 unless a person requests administrative review an
1690+21 administrative adjudication under IC 4-21.5-3-6 within thirty (30)
1691+22 days of issuance.
1692+23 SECTION 67. IC 14-37-13-4 IS AMENDED TO READ AS
1693+24 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. A civil penalty
1694+25 assessed under section 3 of this chapter is subject to IC 4-21.5-3-6 and
1695+26 becomes effective without a proceeding under IC 4-21.5-3 unless a
1696+27 person requests an administrative review adjudication within thirty
1697+28 (30) days of notice of the assessment.
1698+29 SECTION 68. IC 14-39-1-11, AS ADDED BY P.L.150-2011,
1699+30 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1700+31 JULY 1, 2025]: Sec. 11. A determination of the department under
1701+32 section 4(e)(2) of this chapter is subject to an administrative review
1702+33 adjudication under IC 4-21.5.
1703+34 SECTION 69. IC 25-1-7-7 IS AMENDED TO READ AS
1704+35 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) If there has been
1705+36 no statement of settlement filed by the board under section 6 of this
1706+37 chapter, and if, after conducting an investigation, the director believes
1707+38 that the licensee should be subjected to disciplinary sanctions by the
1708+39 board of his the licensee's regulated occupation, then he the director
1709+40 shall so report to the attorney general.
1710+41 (b) Upon receiving the director's report, the attorney general may
1711+42 prosecute the matter, on behalf of the state of Indiana, before the board.
1712+EH 1466—LS 7521/DI 107 40
1713+1 (c) The board may designate any person as a hearing officer to hear
1714+2 the matter as set forth in section 7.5 of this chapter.
1715+3 (b) (d) Notwithstanding subsection (a) (b), of this section, if the
1716+4 board by majority vote so requests, the attorney general shall prosecute
1717+5 the matter before the board, on behalf of the state of Indiana.
1718+6 SECTION 70. IC 25-1-7-7.5 IS ADDED TO THE INDIANA CODE
1719+7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1720+8 1, 2025]: Sec. 7.5. (a) This section is not subject to IC 4-15-10.5.
1721+9 (b) The board may designate a member of the board to serve as
1722+10 a hearing officer under section 7(c) of this chapter.
1723+11 (c) The board may designate a hearing officer before a:
1724+12 (1) particular; or
1725+13 (2) general;
1726+14 class of proceedings commences.
1727+15 (d) A hearing officer must recuse themself if the hearing officer
1728+16 has bias, prejudice, or knowledge of a disputed evidentiary issue
1729+17 that may influence the hearing officer's decision or an interest in
1730+18 the outcome of a proceeding. The hearing officer must inform the
1731+19 parties of the reason for the recusal.
1732+20 (e) A party may petition for the disqualification of a hearing
1733+21 officer upon discovering facts establishing grounds for
1734+22 disqualification under this chapter. The hearing officer assigned to
1735+23 the proceeding shall determine whether to grant the petition,
1736+24 stating facts and reasons for the determination.
1737+25 (f) If the hearing officer denies a disqualification petition under
1738+26 subsection (e), the party petitioning for disqualification may
1739+27 petition the ultimate authority. The ultimate authority shall:
1740+28 (1) conduct proceedings under IC 4-21.5-3-28; or
1741+29 (2) request that the director of the office of administrative law
1742+30 proceedings conduct proceedings under IC 4-21.5-3-28;
1743+31 to review the petition and affirm, modify, or dissolve the ruling not
1744+32 later than thirty (30) days after the petition is filed. A
1745+33 determination by the ultimate authority or the director of the office
1746+34 of administrative law proceedings under this subsection is a final
1747+35 order subject to judicial review under IC 4-21.5-5.
1748+36 (g) If an alternate hearing officer is necessary because a hearing
1749+37 officer recuses themself or is disqualified, the board must appoint
1750+38 an alternate hearing officer.
1751+39 SECTION 71. IC 25-2.1-9-4, AS AMENDED BY P.L.83-2024,
1752+40 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1753+41 JULY 1, 2025]: Sec. 4. (a) This section applies to a licensee that
1754+42 receives a peer review rating of fail for a peer review conducted under
1755+EH 1466—LS 7521/DI 107 41
1756+1 IC 25-2.1-5-8.
1757+2 (b) The following definitions apply throughout this section:
1758+3 (1) "Administering entity" refers to the body established or
1759+4 sanctioned by the board to conduct a peer review program.
1760+5 (2) "Director" refers to the director of the division of consumer
1761+6 protection in the office of the attorney general.
1762+7 (3) "Oversight committee" refers to a committee of licensees who
1763+8 are not board members that is designated by the board to receive
1764+9 the results of a peer review.
1765+10 (c) The board shall provide the director with the name and contact
1766+11 information for the administering entity.
1767+12 (d) The oversight committee may forward the results of a peer
1768+13 review to the director. Receipt of the results may be treated under
1769+14 IC 25-1-7-4, IC 25-1-7-5, and IC 25-1-7-6 as a complaint submitted by
1770+15 the board. If, after conducting an investigation, the director believes
1771+16 that a licensee should be subjected to disciplinary sanctions by the
1772+17 board, the director shall report the director's determination to the
1773+18 attorney general. Upon receiving the director's report, the attorney
1774+19 general may prosecute the matter, on behalf of the state of Indiana,
1775+20 before the board. IC 25-1-7-7(b) IC 25-1-7-7(d) does not apply to a
1776+21 determination related to a complaint filed under this section.
1777+22 (e) The administering entity shall cooperate with an investigation
1778+23 under IC 25-1-7 of a complaint filed under this section. However, all
1779+24 complaints and information pertaining to a complaint are confidential
1780+25 until the attorney general files notice with the board of the attorney
1781+26 general's intent to prosecute a licensee under IC 25-1-7-7. Any meeting
1782+27 of the board, the oversight committee, or a designee of the board or
1783+28 oversight committee that is required in an investigation conducted
1784+29 before the attorney general files notice of intent to prosecute shall be
1785+30 conducted as an executive session under IC 5-14-1.5-6.1.
1786+31 SECTION 72. IC 25-17.6-9-1, AS AMENDED BY P.L.99-2005,
1787+32 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1788+33 JULY 1, 2025]: Sec. 1. If requested, an administrative review
1789+34 adjudication of a determination made by the board under
1790+35 IC 25-17.6-3-7, IC 25-17.6-4, or IC 25-17.6-8-1 shall must be
1791+36 conducted before an administrative law judge appointed by the natural
1792+37 resources commission or the director of the division of hearings under
1793+38 IC 14-10-2-2. office of administrative law proceedings.
1794+39 SECTION 73. IC 25-31.5-9-1, AS AMENDED BY P.L.99-2005,
1795+40 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1796+41 JULY 1, 2025]: Sec. 1. If requested, an administrative review
1797+42 adjudication of a determination made by the board under
1798+EH 1466—LS 7521/DI 107 42
1799+1 IC 25-31.5-3, IC 25-31.5-4, or IC 25-31.5-8 shall be conducted before
1800+2 an administrative law judge appointed by the natural resources
1801+3 commission or the director of the division of hearings under
1802+4 IC 14-10-2-2. office of administrative law proceedings.
1803+5 SECTION 74. IC 26-3-7-16.7, AS ADDED BY P.L.145-2017,
1804+6 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1805+7 JULY 1, 2025]: Sec. 16.7. (a) A licensee or claimant subject to the
1806+8 director's action may appeal submit a petition for review and request
1807+9 for administrative adjudication under IC 4-21.5-3 from orders issued
1808+10 by the director under section 16.5 or 17.1 of this chapter.
1809+11 (b) A licensee or claimant may request an appeal administrative
1810+12 adjudication under IC 4-21.5-3 not more than fifteen (15) days after
1811+13 being served with the director's findings.
1812+14 (c) If a licensee or claimant requests an appeal administrative
1813+15 adjudication under IC 4-21.5-3, the director office of administrative
1814+16 law proceedings shall designate
1815+17 (1) an administrative law judge to preside over the appeal; and
1816+18 (2) an ultimate authority for purposes of the appeal in accordance
1817+19 with IC 4-21.5-3. petition for review.
1818+20 (d) The office of administrative law proceedings is the ultimate
1819+21 authority for administrative adjudications under IC 4-21.5.
1820+22 SECTION 75. IC 31-27-7-5, AS ADDED BY P.L.173-2022,
1821+23 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1822+24 JULY 1, 2025]: Sec. 5. (a) A child services provider may request a
1823+25 review of the base rates approved by the department if the child
1824+26 services provider believes that an error or omission was made in the:
1825+27 (1) cost report that the child services provider submitted to the
1826+28 department;
1827+29 (2) department's calculation of the base rate; or
1828+30 (3) department's determination of the reasonableness of a cost.
1829+31 (b) A request for review under subsection (a) must be:
1830+32 (1) submitted in writing to the department; and
1831+33 (2) received by the department not more than thirty (30) days after
1832+34 the date on which the department mailed a rate letter to the child
1833+35 services provider.
1834+36 Compliance with subdivision (2) is determined in the same manner by
1835+37 which compliance with the requirements for actions related to
1836+38 administrative proceedings is determined under IC 4-21.5-3-1 and
1837+39 IC 4-21.5-3-2.
1838+40 (c) A child services provider making a request for review under
1839+41 subsection (a) shall submit the request for review in the form and
1840+42 manner specified by the department, including:
1841+EH 1466—LS 7521/DI 107 43
1842+1 (1) identification of the current base rate and approved new base
1843+2 rate, as applicable to a specific program or service offered by the
1844+3 child services provider;
1845+4 (2) an itemized statement of administrative and indirect costs that
1846+5 the child services provider considers allowable under this chapter;
1847+6 (3) a clear, concise statement of the reasons for the requested
1848+7 change; and
1849+8 (4) a detailed statement supporting the requested change.
1850+9 The department shall not accept or process an incomplete request for
1851+10 review.
1852+11 (d) If a child services provider that submits a request for review
1853+12 under this chapter has a current license that is subject to current
1854+13 revocation proceedings, the department shall not act upon the request
1855+14 for review.
1856+15 (e) Not more than thirty (30) days after the date on which the
1857+16 department receives a request for review submitted under this chapter,
1858+17 the department shall conduct a review and:
1859+18 (1) provide written notice and an explanation of the department's
1860+19 decision to the child services provider; and
1861+20 (2) publish the notice and explanation of the department's
1862+21 decision on the department's Internet web site. website.
1863+22 (f) The department shall provide to the commission on improving
1864+23 the status of children the same notice and explanation of the
1865+24 department's decision provided to the child services provider under
1866+25 subsection (e), and the commission shall publish the notice on the
1867+26 commission's Internet web site. website.
1868+27 (g) The explanation of the department's decision under subsection
1869+28 (e) must include a detailed explanation of the following:
1870+29 (1) The specific portion of the disputed cost that is being
1871+30 approved or denied for reimbursement.
1872+31 (2) Why the disputed cost being denied is unreasonable.
1873+32 (3) The information the department used to make its
1874+33 determination.
1875+34 (h) The department is the ultimate authority of the review of a
1876+35 decision under this section.
1877+36 SECTION 76. IC 31-33-26-13, AS ADDED BY P.L.138-2007,
1878+37 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1879+38 JULY 1, 2025]: Sec. 13. The department shall adopt rules under
1880+39 IC 4-22-2:
1881+40 (1) to provide procedures not inconsistent with section 9 of this
1882+41 chapter by which any person identified as a perpetrator in a
1883+42 substantiated report of child abuse or neglect that is entered into
1884+EH 1466—LS 7521/DI 107 44
1885+1 the child protection index may request and obtain an
1886+2 administrative hearing as provided in this chapter; and
1887+3 (2) to establish procedures for the conduct of the administrative
1888+4 hearing. and
1889+5 (3) to establish provisions for administrative review by the
1890+6 department of a proposed or approved substantiated report, before
1891+7 or after an administrative hearing is available or conducted.
1892+8 SECTION 77. [EFFECTIVE JULY 1, 2025] (a) 465 IAC 3-2-5(e)
1893+9 is void. The publisher of the Indiana Administrative Code and
1894+10 Indiana Register shall remove this subsection from the Indiana
1895+11 Administrative Code.
1896+12 (b) This SECTION expires July 1, 2026.
1897+EH 1466—LS 7521/DI 107 45
1898+COMMITTEE REPORT
1899+Mr. Speaker: Your Committee on Judiciary, to which was referred
1900+House Bill 1466, has had the same under consideration and begs leave
1901+to report the same back to the House with the recommendation that said
1902+bill be amended as follows:
1903+Page 2, delete lines 1 through 33, begin a new paragraph and insert:
1904+"SECTION 2. IC 4-21.5-2-6, AS AMENDED BY P.L.53-2018,
331905 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
341906 JULY 1, 2025]: Sec. 6. This article does not apply to the formulation,
351907 issuance, or administrative review (but does apply to the judicial
36-HEA 1466 — Concur 2
371908 review and civil enforcement) of any of the following:
381909 (1) Except as provided in IC 12-17.2-3.5-17, IC 12-17.2-4-18.7,
391910 IC 12-17.2-5-18.7, and IC 12-17.2-6-20, determinations by the
401911 division of family resources. and the department of child services.
411912 (2) Determinations by the alcohol and tobacco commission.
421913 (3) Determinations by the office of Medicaid policy and planning
431914 concerning recipients and applicants of Medicaid. However, this
441915 article does apply to determinations by the office of Medicaid
45-policy and planning concerning providers.
46-SECTION 3. IC 4-21.5-3-10, AS AMENDED BY P.L.128-2024,
47-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
48-JULY 1, 2025]: Sec. 10. (a) An administrative law judge is subject to
49-disqualification for:
50-(1) bias, prejudice, or interest in the outcome of a proceeding;
51-(2) failure to dispose of the subject of a proceeding in an orderly
52-and reasonably prompt manner after a written request by a party;
53-(3) unless waived or extended with the written consent of all
54-parties or for good cause shown, failure to issue an order not later
55-than ninety (90) days after the latest of:
56-(A) the filing of a motion to dismiss or a motion for summary
57-judgment under section 23 of this chapter that is filed after
58-June 30, 2011;
59-(B) the conclusion of a hearing that begins after June 30, 2011;
60-or
61-(C) the completion of any schedule set for briefing or for
62-submittal of proposed findings of fact and conclusions of law
63-for a disposition under clauses (A) or (B); or
64-(4) any cause for which a judge of a court may be disqualified.
65-Before July 1, 2020, nothing in this subsection prohibits an individual
66-who is an employee of an agency from serving as an administrative law
67-judge.
68-(b) This subsection does not apply to a proceeding concerning a
69-regulated occupation (as defined in IC 25-1-7-1), except for a
70-proceeding concerning a water well driller (as described in IC 25-39-3)
71-or an out of state mobile health care entity regulated by the Indiana
72-department of health. Subject to subsection (d), an individual who is
73-disqualified under subsection (a)(2) or (a)(3) shall provide the parties
74-a list of at least three (3) special administrative law judges who meet
75-the requirements of:
76-(1) section 9(c) of this chapter, if the case involves an
77-environmental matter described in section 9(b) of this chapter; or
78-(2) IC 14-10-2-2, if the case is pending before the division of
79-HEA 1466 — Concur 3
80-hearings of the natural resources commission; or
81-(3) (2) subject to subsection (d), any other statute or rule
82-governing qualification to serve an agency. other than those
83-described in subdivision (1) or (2).
84-Subject to subsection (c), the parties may agree to the selection of one
85-(1) individual from the list.
86-(c) If the parties do not agree to the selection of an individual as
87-provided in subsection (b) not later than ten (10) days after the parties
88-are provided a list of judges under subsection (b), a special
89-administrative law judge who meets the requirements of subsection (b)
90-shall be selected under the procedure set forth in Trial Rule 79(D).
91-(d) This subsection applies after June 30, 2020, to an agency whose
92-proceedings are subject to the jurisdiction of the office of
93-administrative law proceedings. If an administrative law judge is
94-disqualified under this section, the director of the office of
95-administrative law proceedings shall assign another administrative law
96-judge.
97-SECTION 4. IC 9-32-13-15.5, AS AMENDED BY P.L.284-2019,
98-SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
99-JULY 1, 2025]: Sec. 15.5. (a) This section does not apply to
100-manufacturers or distributors of manufactured housing, heavy duty
101-vocational vehicles (as defined in 49 CFR 523.8), or recreational
102-vehicles.
103-(b) Unless otherwise agreed, it is an unfair practice for a
104-manufacturer or distributor to fail to compensate a dealer anything less
105-than the dealer's retail rates for parts or labor the dealer uses in
106-performing the warranty services of the manufacturer or distributor, or
107-for a manufacturer or distributor of a separate vehicle component or
108-major vehicle assembly that is warranted independently of the motor
109-vehicle to fail to compensate a dealer anything less than the dealer's
110-retail rate for the parts or labor the dealer uses in performing the
111-warranty services of the manufacturer or distributor. The dealer's retail
112-rate for parts must be a percentage determined by dividing the total
113-charges for parts used in warranty like repairs by the dealer's total cost
114-for those parts minus one (1) in the lesser of one hundred (100)
115-customer paid sequential repair orders or ninety (90) consecutive days
116-of customer paid repair orders. The dealer's retail rate for labor shall be
117-determined by dividing the total labor sales for warranty like repairs by
118-the number of hours that generated those sales in one hundred (100)
119-customer paid sequential repair orders or ninety (90) consecutive days
120-of customer paid repair orders. A retail rate may be calculated based
121-upon only customer paid repair orders charged within one hundred
122-HEA 1466 — Concur 4
123-eighty (180) days before the date the dealer submits the declaration.
124-(c) The dealer's submission for retail rates must include a
125-declaration of the dealer's retail rates for parts or labor along with the
126-supporting service repair orders paid by customers. A manufacturer or
127-distributor may challenge the dealer's declaration by submitting a
128-rebuttal not later than sixty (60) days after the date the declaration was
129-received. If the manufacturer or distributor does not send a timely
130-rebuttal to the dealer, the retail rate is established as reasonable and
131-goes into effect automatically.
132-(d) If a rebuttal in subsection (c) is timely sent, the rebuttal must
133-substantiate how the dealer's declaration is unreasonable or materially
134-inaccurate. The rebuttal must propose an adjusted retail rate and
135-provide written support for the proposed adjustments. If the dealer does
136-not agree with the adjusted retail rate, the dealer may file a complaint
137-with the dealer services division within the office of the secretary of
138-state.
139-(e) A complaint filed under subsection (d) must be filed not later
140-than thirty (30) days after the dealer receives the manufacturer's or
141-distributor's rebuttal. On or before filing a complaint, a dealer must
142-serve a demand for mediation upon the manufacturer or distributor.
143-(f) When calculating the retail rate customarily charged by the
144-dealer for parts or labor under this section, the following work may not
145-be included:
146-(1) Repairs for manufacturer or distributor special events,
147-specials, or promotional discounts for retail customer repairs.
148-(2) Parts sold or repairs performed at wholesale.
149-(3) Routine maintenance not covered under a retail customer
150-warranty, such as fluids, filters, and belts not provided in the
151-course of repairs.
152-(4) Nuts, bolts, fasteners, and similar items that do not have an
153-individual part number.
154-(5) Vehicle reconditioning.
155-(6) Accessories.
156-(7) Repairs of damage caused by a collision, a road hazard, the
157-force of the elements, vandalism, or theft.
158-(8) Vehicle emission or safety inspections required by law.
159-(9) Manufacturer or distributor reimbursed goodwill or policy
160-repairs or replacements.
161-(10) Replacement of tires.
162-(g) If a manufacturer or distributor furnishes a part or component to
163-a dealer at no cost to use in performing repairs under a recall, campaign
164-service, or warranty repair, the manufacturer or distributor shall
165-HEA 1466 — Concur 5
166-compensate the dealer for the part or component in the same manner
167-as warranty parts compensation under this section by compensating the
168-dealer the average markup on the cost for the part or component as
169-listed in the manufacturer's or distributor's initial or original price
170-schedule minus the cost for the part or component.
171-(h) A manufacturer or distributor may not require a dealer to
172-establish the retail rate customarily charged by the dealer for parts or
173-labor by an unduly burdensome or time consuming method or by
174-requiring information that is unduly burdensome or time consuming to
175-provide, including part by part or transaction by transaction
176-calculations. A dealer may not declare an average percentage parts
177-markup or average labor rate more than once in a twelve (12) month
178-period. A manufacturer or distributor may perform annual audits to
179-verify that a dealer's effective rates have not decreased. If a dealer's
180-effective rates have decreased, a manufacturer or distributor may
181-reduce the warranty reimbursement rate prospectively. A dealer may
182-elect to revert to the nonretail rate reimbursement for parts or labor not
183-more than once in a twelve (12) month period.
184-(i) A manufacturer or distributor may not impose a surcharge on a
185-dealer for the purpose of recovering any of its costs related to the
186-reimbursement of a dealer for parts or labor required under this section.
187-This subsection does not prohibit a manufacturer or distributor from
188-increasing the wholesale price of a vehicle or part in the ordinary
189-course of business.
190-(j) If a dealer files a complaint with the dealer services division
191-within the office of the secretary of state, the warranty reimbursement
192-rate in effect before any mediation or complaint remains in effect until
193-thirty (30) days after:
194-(1) a final decision has been issued by a court with jurisdiction;
195-and
196-(2) all appeals have been exhausted.
197-SECTION 5. IC 9-32-13-27, AS AMENDED BY P.L.174-2016,
198-SECTION 106, IS AMENDED TO READ AS FOLLOWS
199-[EFFECTIVE JULY 1, 2025]: Sec. 27. (a) It is an unfair practice for a
200-manufacturer or distributor to do the following:
201-(1) Cancel or terminate a franchise of a franchisee, or fail or
202-refuse to extend or renew a franchise upon the franchise's
203-expiration, without good cause and notice to the franchisee by
204-certified mail, return receipt requested:
205-(A) at least ninety (90) days before the cancellation or
206-termination; or
207-(B) at least ten (10) days before the cancellation or termination
208-HEA 1466 — Concur 6
209-if any of the following apply:
210-(i) The franchisee has abandoned business operations or
211-otherwise failed to conduct sales and service operations
212-during regular business hours for at least seven (7)
213-consecutive business days, unless the abandonment or
214-closure is due to an act of God or another act over which the
215-franchisee has no control.
216-(ii) The franchisee or another operator of the franchise has
217-been convicted of or pled guilty to an offense punishable by
218-at least one (1) year of imprisonment.
219-(iii) The dealer files for bankruptcy or enters into
220-receivership.
221-(iv) The license of the dealer is revoked under IC 9-32-11 or
222-IC 9-32-16.
223-(v) The dealer commits fraud.
224-(2) Offer a renewal, replacement, or succeeding franchise that
225-substantially changes or modifies the sales and service
226-obligations, facilities standards, capital requirements, or other
227-terms of the original franchise or agreement of a franchisee
228-without notice to the franchisee by certified mail, return receipt
229-requested, at least ninety (90) days before the expiration or
230-termination of the original franchise or agreement.
231-(3) Terminate a dealer for the dealer's failure to meet a
232-performance standard that is not statistically valid, reliable, and
233-reasonable.
234-Notice provided under this subsection must include a detailed
235-statement setting forth the specific grounds for the proposed action.
236-(b) For purposes of subsection (a)(1), the following do not constitute
237-good cause, provided that no unfair practice is committed under
238-IC 9-32-13-12 and no transfer, sale, or assignment is made in violation
239-of IC 9-32-13-22:
240-(1) A change of ownership or executive management of a
241-dealership.
242-(2) Requiring the appointment of an individual to an executive
243-management position in a dealership.
244-(3) Ownership of, investment in, participation in the management
245-of, or holding a license for the sale of any line make of new motor
246-vehicles by a franchisee or an owner of an interest in a franchise.
247-(c) Good cause exists under subsection (a)(1) with respect to all
248-franchisees of a line make if the manufacturer of the line make
249-permanently discontinues the manufacture or assembly of the line
250-make.
251-HEA 1466 — Concur 7
252-(d) Not more than thirty (30) days after a franchisee receives notice
253-under subsection (a), the franchisee may protest the proposed action by
254-bringing a declaratory judgment action before the division. filing a
255-petition for review with the office of administrative law
256-proceedings.
257-(e) If a franchisee makes a timely and proper request for review
258-under subsection (d) for declaratory judgment to protest a proposed
259-action, under subsection (a)(1), the division shall schedule an
260-administrative hearing. The administrative hearing must comply with
261-IC 4-21.5. the office of administrative law proceedings shall appoint
262-an administrative law judge and schedule an administrative
263-hearing. The administrative hearing must comply with IC 4-21.5.
264-The declaratory judgment action administrative law judge's order
265-must include a determination of whether good cause exists for the
266-proposed action.
267-SECTION 6. IC 9-32-16-2, AS AMENDED BY P.L.182-2021,
268-SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
269-JULY 1, 2025]: Sec. 2. (a) An order issued under this article may:
270-(1) deny a dealer license, transport operator license plate, or
271-endorsement application for registration if the secretary finds that
272-the order is in the public interest and subsection (c) authorizes the
273-action;
274-(2) condition or limit the issuance of transport operator license
275-plates to an applicant if the secretary finds that the order is in the
276-interest of the public and subsection (c) authorizes the actions;
277-and
278-(3) condition or limit the license of an applicant to be a dealer
279-and, if the applicant for a dealer license is a partner, officer,
280-director, or person having similar status or performing similar
281-functions, or a person directly or indirectly in control of the
282-dealership, the order may condition or limit the license.
283-(b) If the secretary finds that an order is in the public interest and
284-subsection (c) authorizes the action, an order issued under this article
285-may deny, revoke, suspend, condition, limit, or permanently bar the
286-granting of a license or endorsement or issuing of a license plate to or
287-an application for a license, endorsement, or license plate from a
288-transport operator, dealer, owner, dealer manager, or a person having
289-a similar status or performing similar functions as a dealer, or a person
290-directly or indirectly in control of the dealer. However, the secretary
291-may not:
292-(1) institute a revocation or suspension proceeding under this
293-subsection based on an order issued under the law of another state
294-HEA 1466 — Concur 8
295-that is reported to the secretary or a designee of the secretary more
296-than one (1) year after the date of the order on which it is based;
297-or
298-(2) issue an order on the basis of an order issued under the dealer
299-services laws of another state unless the other order was based on
300-conduct for which subsection (c) would authorize the action had
301-the conduct occurred in Indiana.
302-(c) A person may be disciplined under this section if the person:
303-(1) has filed an application for transport operator license plates,
304-a dealer license, or a dealer endorsement in Indiana under this
305-article, or its predecessor, within the previous ten (10) years,
306-which, as of the effective date of license or registration or as of
307-any date after filing in the case of an order denying effectiveness,
308-was incomplete as to a material fact or contained a statement that,
309-in light of the circumstances under which it was made, was false
310-or misleading with respect to a material fact;
311-(2) knowingly violated or knowingly failed to comply with this
312-article, or its predecessor, within the previous ten (10) years;
313-(3) has been convicted of a:
314-(A) felony within the previous ten (10) years;
315-(B) felony or misdemeanor involving theft or fraud; or
316-(C) felony or misdemeanor concerning an aspect of business
317-involving the offer, sale, financing, repair, modification, or
318-manufacture of a motor vehicle or watercraft;
319-(4) is enjoined or restrained by a court with jurisdiction in an
320-action instituted by a state or the United States from engaging in
321-or continuing an act, practice, or course of business involving an
322-aspect of a business involving the offer, barter, sale, purchase,
323-transfer, financing, repair, or manufacture of a motor vehicle or
324-watercraft;
325-(5) refuses to allow or otherwise impedes the secretary from
326-conducting an audit or inspection;
327-(6) has engaged in dishonest or unethical practices in a business
328-involving the offer, barter, sale, purchase, transfer, financing,
329-repair, or manufacture of a motor vehicle or watercraft within the
330-previous ten (10) years;
331-(7) is engaging in unfair practices as set forth in this article;
332-(8) is on the most recent tax warrant list supplied to the secretary
333-by the department of state revenue;
334-(9) violates IC 23-2-2.7;
335-(10) violates IC 9-19-9;
336-(11) willfully violates federal or state law relating to the sale,
337-HEA 1466 — Concur 9
338-distribution, financing, or insuring of motor vehicles or
339-watercraft;
340-(12) is not compliant with local, state, or federal laws and
341-regulations regarding a dealer license, endorsement, or dealer
342-business;
343-(13) violates IC 9-32-9-15;
344-(14) violates IC 9-32-9-16; or
345-(15) violates IC 9-32-9-29.
346-(d) The secretary may revoke, suspend, or deny an application,
347-impose fines and costs, restrict, condition, limit, bar, or suspend a
348-dealer license, a dealer endorsement, or a license plate issued under
349-this article, or order restitution, or do any combination of these actions
350-before final determination of an administrative proceeding. Upon the
351-issuance of an order, the secretary shall promptly notify each person
352-subject to the order:
353-(1) that the order has been issued;
354-(2) the reasons for the action; and
355-(3) of the petition for review rights for an administrative
356-adjudication to be conducted by the office of administrative
357-law proceedings; and
358-(3) (4) that upon receipt of a request in a record petition for
359-review from the person, the administrative law judge
360-appointed by the office of administrative legal proceedings
361-shall issue an order setting a hearing date will be issued within
362-fifteen (15) thirty (30) days.
363-If a hearing petition for review is not requested and no hearing is
364-ordered by the secretary filed within thirty (30) days after the date of
365-service of the order, the order becomes final by operation of law. If a
366-hearing is requested or ordered, person subject to the order files a
367-petition for review, the secretary, after notice of and opportunity for
368-hearing to each person subject to the order, may modify or vacate the
369-order or extend the order until final determination. office of
370-administrative law proceedings shall assign an administrative law
371-judge to conduct a proceeding pursuant to IC 4-21.5.
372-(e) After a hearing, the secretary administrative law judge may
373-suspend or deny an application, impose fines and costs, restrict,
374-condition, limit, bar, suspend, or revoke a license plate issued under
375-this article, dealer license or endorsement or order restitution, or do any
376-combination of these actions.
377-(f) Revocation or suspension of a license or endorsement of a dealer
378-may be limited to one (1) or more locations, to one (1) or more defined
379-areas, or only to certain aspects of the business.
380-HEA 1466 — Concur 10
381-(g) Except as provided in subsection (d), an order may not be issued
382-under this section without:
383-(1) appropriate notice to the applicant or registrant;
384-(2) an opportunity for a hearing; and
385-(3) reasons for the action.
386-(h) A person that controls, directly or indirectly, a person not in
387-compliance with this section may be disciplined by order of the
388-secretary under subsections (a) and (b) to the same extent as the
389-noncomplying person, unless the controlling person did not know, and
390-in the exercise of reasonable care could not have known, of the
391-existence of conduct that is a ground for discipline under this section.
392-(i) A person subject to this chapter that has not been issued a license
393-or endorsement is subject to the same disciplinary fines, costs, and
394-penalties as if a license had been issued.
395-SECTION 7. IC 9-32-16-14, AS ADDED BY P.L.92-2013,
396-SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
397-JULY 1, 2025]: Sec. 14. (a) The secretary may:
398-(1) conduct public or private investigations within or outside
399-Indiana that the secretary considers necessary or appropriate to
400-determine whether a person has violated, is violating, or is about
401-to violate this article or a rule adopted or order issued under this
402-article, or aid in the enforcement of this article or in the adoption
403-of rules and forms under this article;
404-(2) require or permit a person to testify, file a statement, or
405-produce a record, under oath or otherwise as the secretary
406-determines, as to all the facts and circumstances concerning a
407-matter to be investigated or about which an action or proceeding
408-is to be instituted; and
409-(3) publish a record concerning an action, proceeding, or
410-investigation under, or a violation of, this article or a rule adopted
411-or order issued under this article if the secretary determines it is
412-necessary or appropriate and in the public interest and for the
413-protection of dealers or consumers.
414-(b) For purposes of an investigation under this article, the secretary
415-or a designated employee of the secretary may administer oaths and
416-affirmations, subpoena witnesses, seek compulsion of attendance, take
417-attendance, take evidence, require the filing of statements, and require
418-the production of any records that the secretary considers relevant or
419-material to the investigation. Upon order of the secretary, or a hearing
420-officer appointed by the secretary in a hearing, depositions may be
421-taken in the manner prescribed by law for depositions in civil actions
422-and made returnable to the secretary or a hearing an officer appointed
423-HEA 1466 — Concur 11
424-by the secretary.
425-(c) If a person does not appear or refuses to testify, file a statement,
426-or produce records, or otherwise does not obey a subpoena as required
427-by this article, the secretary or hearing officer appointed by the
428-secretary may apply to the circuit or superior court in the county where
429-the hearing, investigation or inquiry in question is being conducted to
430-enforce compliance. The court may:
431-(1) hold the person in contempt;
432-(2) order the person to appear before the secretary; or hearing
433-officer appointed by the secretary;
434-(3) order the person to testify about the matter under investigation
435-or in question;
436-(4) order the production of records;
437-(5) grant injunctive relief, including restricting or prohibiting the
438-offer or sale of vehicles;
439-(6) impose a civil penalty of not more than twenty thousand
440-dollars ($20,000) for each violation; and
441-(7) grant any other necessary or appropriate relief.
442-(d) This section does not preclude a person from applying to the
443-circuit or superior court in the county where the hearing, investigation
444-or inquiry in question is being conducted for relief from a request to
445-appear, testify, file a statement, produce records, or obey a subpoena.
446-(e) If a witness, in any hearing, inquiry or investigation conducted
447-under this article, refuses to answer any question or produce any item,
448-the secretary may file a written petition with the circuit or superior
449-court in the county where the hearing, investigation or inquiry in
450-question is being conducted requesting a hearing on the refusal. The
451-court shall hold a hearing to determine if the witness may refuse to
452-answer the question or produce the item. If the court determines that
453-the witness, based upon the witness's privilege against
454-self-incrimination, may properly refuse to answer or produce an item,
455-the secretary may make a written request that the court grant use
456-immunity to the witness. Upon written request of the secretary, the
457-court shall grant use immunity to a witness. The court shall instruct the
458-witness, by written order or in open court, that:
459-(1) any evidence the witness gives, or evidence derived from that
460-evidence, may not be used in any criminal proceedings against
461-that witness, unless the evidence is volunteered by the witness or
462-is not responsive to a question; and
463-(2) the witness must answer the questions asked and produce the
464-items requested.
465-A grant of use immunity does not prohibit the use of evidence that the
466-HEA 1466 — Concur 12
467-witness gives in a hearing, an investigation or inquiry from being used
468-in a prosecution for perjury under IC 35-44.1-2-1. If a witness refuses
469-to give the evidence after the witness has been granted use immunity,
470-the court may find the witness in contempt.
471-(f) In any prosecution, action, suit, or proceeding based upon or
472-arising out of or under this article, a certificate signed by the secretary
473-showing compliance or noncompliance with this article by a dealer
474-constitutes prima facie evidence of compliance or noncompliance with
475-this article and is admissible in evidence in any action at law or in
476-equity to enforce this article.
477-(g) Each witness who appears before the secretary or a hearing
478-officer appointed by the secretary by order is entitled to receive for the
479-witness's attendance the fees and mileage provided for witnesses in
480-civil cases, which must be audited and paid by the state in the same
481-manner as other expenses of the division are audited and paid when
482-proper vouchers sworn to by the witnesses and approved by the
483-secretary are presented. However, a witness subpoenaed at the instance
484-of parties other than the secretary or a hearing officer appointed by the
485-secretary is not entitled to any fee or compensation from the state.
486-SECTION 8. IC 9-32-16-15, AS AMENDED BY P.L.182-2021,
487-SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
488-JULY 1, 2025]: Sec. 15. (a) A dealer who is injured by an unfair
489-practice set forth in IC 9-32-13 or IC 9-32-15 may file a complaint or
490-petition with the division. office of administrative law proceedings.
491-(b) A dealer who is injured by an unfair practice set forth in
492-IC 9-32-13-27 may file a request for declaratory judgment with the
493-division. office of administrative law proceedings.
494-(c) A dealer may not file a complaint, request for declaratory
495-judgment under subsection (b) based on an alleged violation of
496-IC 9-32-13-27, or petition with the division under subsection (a) based
497-on an alleged violation of IC 9-32-13 or IC 9-32-15 by a manufacturer
498-or distributor unless the dealer serves a demand for mediation upon the
499-manufacturer or distributor:
500-(1) before; or
501-(2) at the same time as;
502-filing the complaint, request for declaratory judgment, or petition. A
503-demand for mediation must be in writing and served upon the
504-manufacturer or distributor by certified mail at an address designated
505-for the manufacturer or distributor in the licensor's records. The
506-demand for mediation must contain a brief statement of the dispute and
507-the relief sought by the dealer serving the demand.
508-(d) Not later than twenty (20) days after the date the demand for
509-HEA 1466 — Concur 13
510-mediation is served under subsection (c), the parties shall mutually
511-select an independent mediator and meet with the mediator for the
512-purpose of attempting to resolve the dispute. The meeting place must
513-be within Indiana at a location selected by the mediator. The mediator
514-may extend the period in which the meeting must occur for good cause
515-shown by either party or upon stipulation of the parties.
516-(c) The administrative law judge may order the parties to
517-submit their case to a mediator.
518-SECTION 9. IC 10-19-3-6, AS ADDED BY P.L.22-2005,
1916+policy and planning concerning providers.".
1917+Page 3, delete line 42.
1918+Delete pages 4 through 5.
1919+Page 6, delete lines 1 through 20.
1920+Page 10, line 6, strike "bringing a declaratory judgment action
1921+before the division." and insert "filing a petition for review with the
1922+office of administrative law proceedings.".
1923+Page 10, line 7, after "request" insert "for review".
1924+Page 10, line 8, strike "for declaratory judgment".
1925+Page 10, line 8, after "action" insert ",".
1926+Page 10, line 9, strike "under subsection (a)(1), the division shall".
1927+Page 10, line 10, after "IC 4-21.5." insert "the office of
1928+administrative law proceedings shall appoint an administrative law
1929+judge and schedule an administrative hearing. The administrative
1930+hearing must comply with IC 4-21.5.".
1931+Page 10, delete line 11.
1932+Page 10, line 12, delete "investigation.".
1933+Page 10, line 12, strike "declaratory judgment action" and insert
1934+"administrative law judge's order".
1935+Page 10, delete lines 14 through 16.
1936+Page 15, line 25, strike "division." and insert "office of
1937+administrative law proceedings.".
1938+Page 16, delete lines 8 through 11.
1939+EH 1466—LS 7521/DI 107 46
1940+Page 16, line 12, delete "(d)" and insert "(c)".
1941+Page 16, between lines 13 and 14, begin a new paragraph and insert:
1942+"SECTION 12. IC 10-19-3-6, AS ADDED BY P.L.22-2005,
5191943 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
520-JULY 1, 2025]: Sec. 6. Except as provided in IC 4-21.5-1-15, for
521-purposes of IC 4-21.5, the executive director, or the executive director's
522-designee, office of administrative law proceedings is the ultimate
523-authority for the department.
524-SECTION 10. IC 12-8-6.5-6, AS ADDED BY P.L.160-2012,
1944+JULY 1, 2025]: Sec. 6. For purposes of IC 4-21.5, the executive
1945+director, or the executive director's designee, office of administrative
1946+law proceedings is the ultimate authority for the department.
1947+SECTION 13. IC 12-8-6.5-6, AS ADDED BY P.L.160-2012,
5251948 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5261949 JULY 1, 2025]: Sec. 6. (a) For purposes of IC 4-15-10.5 and
5271950 IC 4-21.5, the secretary is the ultimate authority for the state Medicaid
5281951 program. applicant and eligibility appeals.
5291952 (b) The secretary shall adopt rules under IC 4-22-2 to specify any
5301953 additional necessary procedures for administrative review of an agency
5311954 action under IC 4-21.5 and the state Medicaid program.
532-SECTION 11. IC 12-8-8.5-5, AS AMENDED BY P.L.35-2016,
1955+SECTION 14. IC 12-8-8.5-5, AS AMENDED BY P.L.35-2016,
5331956 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5341957 JULY 1, 2025]: Sec. 5. (a) The secretary is the ultimate authority for
5351958 medicaid applicant and eligibility appeals under IC 4-15-10.5 and
5361959 IC 4-21.5 for purposes of the operation of the division and the
5371960 programs of the division.
5381961 (b) The secretary may delegate an individual to serve as the ultimate
5391962 authority.
540-SECTION 12. IC 12-15-28-8 IS ADDED TO THE INDIANA
1963+SECTION 15. IC 12-15-28-8 IS ADDED TO THE INDIANA
5411964 CODE AS A NEW SECTION TO READ AS FOLLOWS
5421965 [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) The secretary is the
5431966 ultimate authority under IC 4-21.5 for Medicaid applicants and
5441967 recipient eligibility appeals.
5451968 (b) For a Medicaid applicant eligibility case, in the absence of an
5461969 objection or notice under IC 4-21.5-3-29(d), the order from the
5471970 administrative law judge is final after sixty-one (61) days without
5481971 further affirmation from the ultimate authority.
549-SECTION 13. IC 12-17.2-5-28 IS AMENDED TO READ AS
1972+SECTION 16. IC 12-17.2-5-28 IS AMENDED TO READ AS
5501973 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 28. A final decision of
5511974 the division office of administrative law proceedings made after a
552-HEA 1466 — Concur 14
553-hearing is subject to judicial review under IC 4-21.5-5.
554-SECTION 14. IC 14-10-2-2 IS REPEALED [EFFECTIVE JULY 1,
555-2025]. Sec. 2. (a) The commission shall appoint administrative law
556-judges.
557-(b) The commission shall create a division of hearings. The division
558-of hearings shall assist the commission in performing the functions of
559-this section. The director of the division of hearings may appoint a
560-special administrative law judge.
561-(c) A person who is not appointed by:
562-(1) the director of the division of hearings; or
563-(2) the commission;
564-may not act as an administrative law judge.
565-SECTION 15. IC 14-10-2-2.5, AS AMENDED BY THE
566-TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
567-ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
568-JULY 1, 2025]: Sec. 2.5. (a) A person who is the party in a hearing
569-under this title or IC 4-15-10.5 may move to have the
570-(1) administrative law judge appointed under IC 4-15-10.5 or
571-(2) administrative law judge appointed under section 2 of this
572-chapter;
573-consolidate multiple proceedings that are subject to the jurisdiction of
574-both the office of administrative law proceedings. and the division of
575-hearings.
576-(b) An administrative law judge shall grant the motion made under
577-subsection (a) if the following findings are made:
578-(1) The proceedings include the following:
579-(A) Common questions of law or fact.
580-(B) At least one (1) person, other than the department or the
581-department of environmental management, who is a party to
582-all the proceedings.
583-(C) Issues of water quality, water quantity, or both.
584-(2) Consolidation may support administrative efficiency.
585-(c) If a motion to consolidate proceedings has been is granted under
586-subsection (b), the hearing must be conducted by a panel that consists
587-of at least two (2) administrative law judges. The panel is the ultimate
588-authority for matters authorized under IC 4-21.5-7-5 IC 4-15-10.5 and
589-this title. Any party including the department and the department of
590-environmental management, to an action under this section may
591-petition an appropriate court for judicial review of a final determination
592-of the panel under IC 4-21.5-5.
593-(d) The office of administrative law proceedings and the division of
594-hearings shall adopt joint rules to implement this section.
595-HEA 1466 — Concur 15
596-SECTION 16. IC 14-10-2-3 IS REPEALED [EFFECTIVE JULY 1,
597-2025]. Sec. 3. Except as provided in section 2.5 of this chapter and
598-IC 14-34-2-2, the commission is the ultimate authority of the
599-department under IC 4-21.5.
600-SECTION 17. IC 14-10-2-4, AS AMENDED BY P.L.93-2024,
601-SECTION 119, IS AMENDED TO READ AS FOLLOWS
602-[EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The commission shall adopt
603-rules under IC 4-22-2 to carry out the commission's duties under this
604-title.
605-(b) The commission may adopt rules to exempt an activity from
606-licensing under this title, except:
607-(1) IC 14-34;
608-(2) IC 14-36-1; and
609-(3) IC 14-38-2;
610-if the activity poses not more than a minimal potential for harm.
611-(c) Except as provided in subsection (d), whenever the department
612-or the director has the authority to adopt rules under IC 4-22-2, the
613-commission shall exclusively exercise the authority in coordination
614-with the department.
615-(d) Interim rules adopted under section 5 of this chapter and
616-IC 4-22-2-37.2, or provisional rules under IC 4-22-2-37.1, shall be
617-adopted by the director.
618-(e) A person who violates a rule adopted by the commission
619-commits a Class C infraction, unless otherwise specified under state
620-law.
621-SECTION 18. IC 14-10-2-6 IS AMENDED TO READ AS
622-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) The commission
623-may issue a notice of violation to a person who violates a law
624-administered by the department for which a misdemeanor or an
625-infraction penalty is established. If the person:
626-(1) receives the notice; and
627-(2) fails to abate the violation within a period of not less than
628-fifteen (15) days specified in the notice;
629-the commission may impose a charge that does not exceed the
630-maximum amount that may be assessed by a court for committing the
631-violation.
632-(b) IC 4-21.5 applies to proceedings by the commission under this
633-section. The department has the burden of proving the alleged violation
634-by a preponderance of the evidence.
635-(c) A separate notice of violation may be issued or a separate charge
636-imposed for each day a violation occurs.
637-(d) The person may establish as an affirmative defense the filing by
638-HEA 1466 — Concur 16
639-a prosecuting attorney of a misdemeanor information or infraction
640-complaint based on the same event as that upon which the notice of
641-violation was based. The person has the burden of proving the
642-affirmative defense.
643-(e) The remedy provided by this section is supplemental to other
644-remedies and subject to administrative adjudication under
645-IC 4-21.5.
646-SECTION 19. IC 14-10-2-8 IS ADDED TO THE INDIANA CODE
647-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
648-1, 2025]: Sec. 8. A determination of the commission is subject to
649-administrative adjudication under IC 4-21.5.
650-SECTION 20. IC 14-11-1-3, AS AMENDED BY P.L.84-2016,
651-SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
652-JULY 1, 2025]: Sec. 3. (a) A member of the commission or a division
653-director or a hearing officer appointed by the commission may do the
654-following:
655-(1) Administer oaths and certify to official acts.
656-(2) Require information from any person for purposes of this title.
657-(3) Issue subpoenas.
658-(4) Require the attendance of witnesses.
659-(5) Examine witnesses under oath.
660-(b) If a person fails to comply with an order issued under this
661-chapter or under IC 14-3-1 (before its repeal), the circuit court, superior
662-court, or probate court having jurisdiction over the person shall, on
663-request, require compliance with the order.
664-SECTION 21. IC 14-11-2-4 IS ADDED TO THE INDIANA CODE
665-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
666-1, 2025]: Sec. 4. A determination of the department is subject to
667-administrative adjudication under IC 4-21.5.
668-SECTION 22. IC 14-11-3-2 IS AMENDED TO READ AS
669-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) Except as
670-provided in IC 14-34-2-2, The commission shall hold all hearings
671-under IC 4-21.5 and IC 4-22-2.
672-(b) The office of administrative law proceedings shall conduct
673-all administrative adjudications under IC 4-15-10.5.
674-SECTION 23. IC 14-15-3-11 IS AMENDED TO READ AS
675-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11. (a) The commission
676-may adopt rules under IC 4-22-2 to exempt a small lake containing
677-more than seventy (70) acres from section 10 of this chapter if the
678-following conditions exist:
679-(1) A majority of the abutting property owners petitions the
680-commission as provided in this section.
681-HEA 1466 — Concur 17
682-(2) An unreasonable hazard to persons would not result.
683-(3) An unreasonable harm to fish, wildlife, or botanical resources
684-would not result.
685-(b) A petition under this section must specify one (1) of the
686-following periods for exemption from section 10 of this chapter:
687-(1) Each day of the week (Sunday through Saturday) from 1 p.m.
688-to 4 p.m. (local time prevailing).
689-(2) Monday, Thursday, and Saturday from 1 p.m. to 4 p.m. (local
690-time prevailing).
691-(3) Saturday from 1 p.m. to 4 p.m. (local time prevailing).
692-(4) Each day of the week (Sunday through Saturday) from sunrise
693-to sunset if the small lake is owned, leased, or operated in whole
694-or in part by a political subdivision (as defined in IC 36-1-2-13).
695-(5) Each day of the week (Sunday through Saturday) from sunrise
696-to sunset if the small lake is connected by a natural channel to a
697-lake having a surface area of more than three hundred (300) acres.
698-(c) The commission may not establish a period that deviates from
699-the period requested in the petition. However, the commission may
700-adopt rules to establish restrictions for the safe operation of watercraft
701-if unusual conditions or hazards would otherwise result by granting the
702-exemption.
703-(d) The commission may adopt rules under IC 4-22-2 to rescind or
704-amend an exemption granted under subsection (a) if:
705-(1) a majority of the abutting property owners of a small lake that
706-has been exempted under this section petitions the commission in
707-substantial accordance with the appropriate corresponding
708-requirements of subsection (f) to rescind the exemption; or
709-(2) the commission determines that because of the exemption:
710-(A) there is an unreasonable hazard to persons; or
711-(B) unreasonable harm to fish, wildlife, or botanical resources
712-is occurring.
713-(e) Before the adoption of a rule under subsection (a), the
714-commission must certify that the petition represents a majority of the
715-abutting property owners. A determination under this subsection is
716-subject to an administrative adjudication under IC 4-21.5.
717-(f) A petition under this section must be in the following form:
718-To the State of Indiana
719-Department of Natural Resources
720-The undersigned, all owners of abutting property to (name of lake)
721-and situated in ___________ County, Indiana, petition the department
722-to post time periods exempting (name of lake) from speed limits as
723-specified in IC 14-15-3-10 as follows:
724-HEA 1466 — Concur 18
725-(Petition to specify one (1) of the time periods listed above.)
726-We certify that, according to land and water acreage maps on file
727-with the department or certified survey attached, (name of lake) is less
728-than three hundred (300) acres and more than seventy (70) acres, as
729-specified in IC 14-15-3 and that the signatures listed on this petition
730-represent a majority of bona fide property owners of abutting property
731-of (name of lake), as recorded in the office of the county recorder of
732-(name of county). The department may verify the validity of the
733-signatures. We also understand and agree that this petition, when
734-certified, may not be changed or altered within two (2) years from the
735-date of the certification.
736-______________________ _____________________
737-Signed Lake Property Address
738-_____________________
739-Date
740-SECTION 24. IC 14-21-1-17 IS AMENDED TO READ AS
741-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. (a) Any person may
742-nominate a site or structure for addition to or removal from the register.
743-Upon approval of the nomination by the division, all affected persons
744-shall be notified.
745-(b) If an objection to the action is not filed with the division within
746-thirty (30) days after the notification date, the nomination is
747-automatically approved.
748-(c) If an objection is received within thirty (30) days, a designated
749-member of the review board shall hold a hearing and make a
750-determination. The review board shall make the final decision
751-regarding a nomination, subject to administrative review by the
752-commission and appeal under IC 4-21.5.
753-SECTION 25. IC 14-22-11-15, AS AMENDED BY P.L.164-2020,
754-SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
755-JULY 1, 2025]: Sec. 15. (a) Each license and permit issued under this
756-article is issued upon the express condition, to which the licensee or
757-permittee by acceptance of the license or permit is considered to agree
758-and consent, that the licensee or permittee will obey and comply with
759-the following:
760-(1) All the terms, conditions, and rules:
761-(A) made by the director under this article; and
762-(B) incorporated in or attached to the license or permit when
763-issued.
764-(2) This article.
765-(3) A wildlife law (as defined by IC 14-22-41-4(p)) while the
766-licensee is in another jurisdiction that has adopted the wildlife
767-HEA 1466 — Concur 19
768-violator compact (IC 14-22-41).
769-(b) A license or permit may be revoked or denied by the director at
770-any time without refund for any of the following:
771-(1) Failure to comply with or violation of the terms, conditions,
772-rules, or restrictions incorporated in or attached to the license or
773-permit when issued.
774-(2) Violation of this article.
775-(3) Violation of a wildlife law (as defined by IC 14-22-41-4(p))
776-occurring after October 31, 2000, by the licensee or permittee in
777-another jurisdiction that has adopted the wildlife violator compact
778-(IC 14-22-41).
779-(c) If a person's license or permit is revoked or denied because of a
780-violation described in subsection (b)(3), the person is entitled to a
781-review an administrative adjudication of the revocation or denial by
782-the commission. under IC 4-21.5. However, the commission
783-administrative law judge assigned by the office of administrative
784-law proceedings may not review the merits of the underlying violation
785-committed in another jurisdiction that prompted the revocation or
786-denial under the wildlife violator compact (IC 14-22-41).
787-(d) A person whose license or permit has been revoked or denied by
788-the director under this article may, by written request to the
789-commission and the office of administrative law proceedings, have
790-a hearing on the revocation or denial of issuance. Upon receipt of a
791-written request for a hearing on the revocation, the commission office
792-of administrative law proceedings shall do the following:
793-(1) set a date for the hearing, which may not be more than fifteen
794-(15) thirty (30) days from the date of receipt of the request.
795-(2) Give the person requesting the hearing at least five (5) days
796-notice of the date of the hearing, which shall be held in the office
797-of the director.
798-(3) Receive and keep a record of all evidence presented by the
799-person.
800-(4) After considering the evidence presented at the hearing,
801-rescind or affirm the order revoking or denying the license or
802-permit.
803-(e) Every court having jurisdiction of an offense committed in
804-violation of an Indiana law for the protection of wildlife may, at the
805-court's discretion, revoke the license of the offender for a minimum of
806-at least one (1) year.
807-(f) After a revocation, the court shall forward to the division a
808-record of the conviction of the person in the court for a violation of the
809-law. At the time of the conviction, the court shall do the following:
810-HEA 1466 — Concur 20
811-(1) Obtain the license certificate of the defendant.
812-(2) Return the license certificate to the division.
813-(g) Any denial or revocation of a permit or license under this section
814-is subject to the terms of the wildlife violator compact (IC 14-22-41).
815-SECTION 26. IC 14-22-15-5 IS AMENDED TO READ AS
816-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) The director may:
817-(1) refuse under IC 4-21.5-3-5 to grant, renew, or restore; or
818-(2) suspend or revoke under IC 4-21.5-3-6;
819-a license of an individual who fails to keep a record or make a report
820-required by section 4 of this chapter.
821-(b) A determination of the director under this section is subject
822-to an administrative adjudication under IC 4-21.5.
823-SECTION 27. IC 14-22-15.5-6, AS ADDED BY P.L.154-2019,
824-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
825-JULY 1, 2025]: Sec. 6. (a) The director may:
826-(1) refuse under IC 4-21.5-3-5 to grant, renew, or restore; or
827-(2) suspend or revoke under IC 4-21.5-3-6;
828-a hunting guide license of an individual who fails to keep a record or
829-make a report required under section 5 of this chapter.
830-(b) A determination of the director under this section is subject
831-to administrative adjudication under IC 4-21.5.
832-SECTION 28. IC 14-22-28-4, AS AMENDED BY P.L.219-2014,
833-SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
834-JULY 1, 2025]: Sec. 4. (a) The director may have an investigation
835-made of a complaint that wild animals are causing damage or posing
836-a health or safety threat to persons or domestic animals. If it is found
837-that:
838-(1) the damage has not been caused by wild animals; or
839-(2) the person has not complied did not comply with the
840-requirements under this chapter or a rule adopted under this
841-chapter;
842-the director shall deny the a permit shall be denied according to the
843-procedures in IC 4-21.5.
844-(b) A denial under this section is subject to administrative
845-adjudication under IC 4-21.5.
846-SECTION 29. IC 14-22-32-5 IS AMENDED TO READ AS
847-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. If a person violates
848-section 2(1) of this chapter, the department shall enter a recommended
849-order to dispose of any game bird or exotic mammal the person owns,
850-keeps, harbors, or otherwise possesses. Before the order becomes a
851-final determination of the department, a hearing must be held under
852-IC 4-21.5-3. The hearing shall be conducted by an administrative law
853-HEA 1466 — Concur 21
854-judge for the commission. in the office of administrative law
855-proceedings. The determination of the administrative law judge is a
856-final agency action subject to administrative adjudication under
857-IC 4-21.5-1-6. IC 4-21.5.
858-SECTION 30. IC 14-24-1-4 IS REPEALED [EFFECTIVE JULY 1,
859-2025]. Sec. 4. The commission is the ultimate authority (as defined in
860-IC 4-21.5-1-15) for the department under this article.
861-SECTION 31. IC 14-24-3-9 IS REPEALED [EFFECTIVE JULY 1,
862-2025]. Sec. 9. The commission shall establish standards for
863-determining expenses and attorney's fees under IC 14-24-11-5.
864-SECTION 32. IC 14-24-5-7 IS AMENDED TO READ AS
865-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) If a pest or
866-pathogen is discovered by an inspection under this chapter, the division
867-shall provide a written notice to the person that owns or controls the
868-premises or plant where the pest or pathogen is located.
869-(b) The notice must include the following:
870-(1) A description of the action that is needed to destroy or control
871-the pest or pathogen.
872-(2) The date by which the action must be taken.
873-(c) The notice may provide that infested plants may not be sold or
874-transported from the site of inspection until the pest or pathogen is
875-successfully treated.
876-(d) A written notice issued under this section is effective when
877-served. A person that is aggrieved by the notice may request
878-administrative review an administrative adjudication of the notice
879-under IC 4-21.5-3-6. In addition, an aggrieved person may seek
880-temporary relief from the notice under IC 4-21.5-4. Unless otherwise
881-agreed to by the parties, a hearing on temporary relief must be
882-conducted within five (5) thirty (30) days of receipt of the hearing
883-request in the county where the infested plants are located.
884-SECTION 33. IC 14-24-8-2 IS AMENDED TO READ AS
885-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) If a pest or
886-pathogen is discovered as a result of an inspection under this chapter,
887-the division shall provide a written notice of the discovery to the person
888-that owns or controls the apiary.
889-(b) The notice must include the following:
890-(1) A description of the action needed to destroy or control the
891-pest or pathogen.
892-(2) The date by which the action must be taken.
893-(c) The notice may provide that bees may not be sold or transported
894-from the apiary until the pest or pathogen is successfully treated. The
895-notice may require that bees shall be transferred to movable frame
896-HEA 1466 — Concur 22
897-hives within a specified time and that, if the transfer is not performed
898-as specified, the division director may order the destruction of all hives
899-and bees dwelling in the hives.
900-(d) A written notice issued under this section is effective when
901-served. A person who is aggrieved by the notice may request
902-administrative review an administrative adjudication under
903-IC 4-21.5-3-6. In addition, an aggrieved person may seek temporary
904-relief from the notice under IC 4-21.5-4. Unless otherwise agreed by
905-the parties, a hearing on temporary relief must be conducted within five
906-(5) days of receipt of the hearing request in the county where the apiary
907-is located. at a location convenient for both parties or virtually.
908-SECTION 34. IC 14-24-11-5 IS REPEALED [EFFECTIVE JULY
909-1, 2025]. Sec. 5. If an order is issued:
910-(1) under this article or under IC 14-7 (before its repeal); or
911-(2) as a result of an administrative proceeding under this article
912-or IC 14-7 (before its repeal);
913-the court or the director may assess against a party to the proceeding
914-the costs and expenses, including attorney's fees, incurred by the person
915-with respect to the proceedings, including a judicial review of a final
916-agency action. The award of attorney's fees shall be based on a
917-schedule of attorney's fees established by rules of the commission.
918-SECTION 35. IC 14-25-1-8, AS AMENDED BY P.L.151-2012,
919-SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
920-JULY 1, 2025]: Sec. 8. Whenever a dispute arises between the users of
921-surface water in a watershed area, any party to the dispute may make
922-a formal request that the commission an administrative law judge
923-with the office of administrative law proceedings mediate the
924-dispute using the mediation provisions under IC 4-21.5-3.5.
925-SECTION 36. IC 14-25-4-20 IS AMENDED TO READ AS
926-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 20. (a) Upon the
927-declaration of a ground water emergency under section 9 of this
928-chapter, the director shall, by temporary order, require the immediate
929-temporary provision at the prior point of use of an adequate supply of
930-potable water. A temporary order under section 9 or 10 of this chapter
931-remains in effect for ninety (90) days unless:
932-(1) terminated by the director before the expiration of ninety (90)
933-days; or
934-(2) extended under IC 4-21.5-4-5(b) during the pendency of a
935-proceeding under section 18(2) and 18(3) of this chapter.
936-(b) The commission shall implement section 18(2) and 18(3) of this
937-chapter by order. Before the commission enters an initial determination
938-of the order, the department shall conduct an investigation and provide
939-HEA 1466 — Concur 23
940-affected persons with an informal opportunity to contribute to the
941-investigation. All final orders An action of the commission shall must
942-be issued under IC 4-21.5-3.
943-SECTION 37. IC 14-25-5-13 IS AMENDED TO READ AS
944-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) A temporary
945-order issued under section 7 of this chapter or under IC 13-2-2.6-10
946-(before its repeal) must include a notice of hearing to be held under
947-IC 4-21.5-4 as soon as practicable after the declaration of the
948-freshwater lake emergency. Following the hearing, the director may
949-continue, amend, or terminate the freshwater lake emergency order
950-issued under section 7 of this chapter or under IC 13-2-2.6-10 (before
951-its repeal).
952-(b) If a freshwater lake emergency order issued under section 7 of
953-this chapter or under IC 13-2-2.6-10 (before its repeal) is terminated
954-after a bond under section 10 of this chapter or under IC 13-2-2.6-13
955-(before its repeal) has been filed, the termination order must provide
956-for the immediate release of the bond.
957-SECTION 38. IC 14-25-5-14 IS AMENDED TO READ AS
958-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. Upon application
959-by the director or a lake owner, the commission may cause a temporary
960-order issued under section 7 of this chapter or under IC 13-2-2.6-10
961-(before its repeal) to be made a permanent order. A permanent order is
962-subject to an administrative adjudication under IC 4-21.5-3-6.
963-SECTION 39. IC 14-25-15-12, AS ADDED BY P.L.4-2008,
964-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
965-JULY 1, 2025]: Sec. 12. (a) This section governs any status
966-determination of a baseline under section 4.12.2 of the compact for
967-each of the following from the Indiana portion of the basin:
968-(1) The total withdrawal capability registered under
969-IC 14-25-7-15(c)(3) is deemed the existing withdrawal approval
970-amount for section 4.12.2.a.i of the compact.
971-(2) A consumptive use attributable to a facility described in
972-IC 14-25-7-15(a)(1).
973-(3) A facility that diverts water outside the basin.
974-(b) The department shall make each determination required under
975-subsection (a) following an investigation. Before completing the
976-investigation, the department shall:
977-(1) inform the owner of the facility of the amount of any proposed
978-baseline; and
979-(2) provide the owner with a period of at least thirty (30) days to
980-offer documentation the owner believes would properly modify
981-the proposed baseline amount.
982-HEA 1466 — Concur 24
983-(c) The department shall provide notice under IC 4-21.5-3-5 of a
984-status determination under this section to the owner of the facility for
985-which the determination is made.
986-(d) The owner of a facility for which a status determination is made
987-under this section is the only person with standing to seek
988-administrative review an administrative adjudication of the
989-determination under IC 4-21.5.
990-SECTION 40. IC 14-25.5-2-3 IS AMENDED TO READ AS
991-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. A notice of violation
992-issued under this chapter must include the following:
993-(1) The nature of the violation.
994-(2) The action that is appropriate to mitigate the violation.
995-(3) The date by which the violation must be mitigated.
996-(4) The procedure to obtain administrative review an
997-administrative adjudication under IC 4-21.5 if a person is
998-aggrieved by the issuance of the notice of violation.
999-SECTION 41. IC 14-25.5-2-5 IS AMENDED TO READ AS
1000-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. A notice of violation
1001-issued under this chapter becomes effective without a proceeding under
1002-IC 4-21.5-3 unless a person requests administrative review an
1003-administrative adjudication under IC 4-21.5-3-6 within thirty (30)
1004-days after receipt of the notice.
1005-SECTION 42. IC 14-25.5-2-7, AS ADDED BY P.L.191-2023,
1006-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1007-JULY 1, 2025]: Sec. 7. (a) Subsection (b) applies if a person was
1008-issued a notice of violation under IC 14-27-7.5-11 for a structure that
1009-is classified by the department as a high hazard structure under the
1010-hazard classification system in IC 14-27-7.5-8(b)(1) and:
1011-(1) the person:
1012-(A) has exhausted all available administrative remedies under
1013-IC 4-21.5 relating to the violation; and
1014-(B) did not initiate judicial review of the department's
1015-enforcement action under IC 4-21.5-5 within the period
1016-allowed by IC 4-21.5-5-5;
1017-(2) the person has initiated judicial review of the department's
1018-enforcement action under IC 4-21.5-5 but the court did not set
1019-aside the enforcement action; or
1020-(3) the person has entered into a settlement agreement with the
1021-department concerning the violation.
1022-(b) The division may file an affidavit for recording in the county
1023-recorder's office of the county in which the property on which the
1024-violation or deficiency referred to in the notice of violation exists.
1025-HEA 1466 — Concur 25
1026-When filing an affidavit for recording under this section, the division
1027-shall pay to the county recorder the fee charged for the recording of a
1028-document in the deed records of the county.
1029-(c) An affidavit filed under this section must:
1030-(1) include a sworn statement that a violation or deficiency exists
1031-on the property that is the subject of the notice of violation;
1032-(2) be recorded by the county recorder in the deed records of the
1033-county in accordance with IC 36-2-7-10 and IC 36-2-11-16.5;
1034-(3) be designed and worded so as to provide notice to the public,
1035-including any contractor or other person that intends to perform
1036-construction work on the property on which the violation or
1037-deficiency referred to in the notice of violation exists; and
1038-(4) include:
1039-(A) the full legal description of the property; and
1040-(B) the most current name of the owner of the property as
1041-shown in the records of the auditor of the county where the
1042-property is located.
1043-(d) When the violation or deficiency referred to in the notice of
1044-violation is resolved, the department shall file a release of the affidavit
1045-with the county recorder to remove the affidavit from the deed records
1046-of the county. The release filed under this subsection must:
1047-(1) include a reference to the affidavit; and
1048-(2) meet the recording requirements specified in IC 36-2-11-15
1049-through IC 36-2-11-16.5.
1050-The department shall pay to the county recorder the fee charged for
1051-recording the release.
1052-(e) The presence of an affidavit recorded under this section in the
1053-deed records of the county in which the property referred to in the
1054-affidavit is located does not:
1055-(1) constitute a judgment lien against the property;
1056-(2) invalidate the conveyance, purchase, lease, or acquisition of
1057-the property; or
1058-(3) deprive the holder of title to the property of marketable record
1059-title (as defined in IC 32-20-2-2) for the purposes of IC 32-20.
1060-SECTION 43. IC 14-25.5-4-4, AS AMENDED BY P.L.195-2014,
1061-SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1062-JULY 1, 2025]: Sec. 4. (a) A civil penalty assessed for a violation
1063-described in section 3 of this chapter is subject to IC 4-21.5-3-6 and
1064-becomes effective without a proceeding under IC 4-21.5-3 unless a
1065-person requests an administrative review within an administrative
1066-adjudication under IC 4-21.5 not later than thirty (30) days after
1067-receipt of the notice of assessment.
1068-HEA 1466 — Concur 26
1069-(b) A civil penalty that is assessed for a violation described in
1070-section 3 of this chapter shall be deposited in the fund.
1071-SECTION 44. IC 14-26-2-24, AS ADDED BY P.L.6-2008,
1072-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1073-JULY 1, 2025]: Sec. 24. (a) Relying on recommendations of the
1074-department and the advisory council established by IC 14-9-6-1, the
1075-commission shall adopt, under IC 4-22-7-7(a)(5)(A), and maintain a
1076-nonrule policy statement that lists the public freshwater lakes in
1077-Indiana. For each public freshwater lake the statement must include the
1078-following information:
1079-(1) The name of the lake.
1080-(2) The county and specific location within the county where the
1081-lake is located.
1082-(b) A person may obtain administrative review an administrative
1083-adjudication from the commission office of administrative law
1084-proceedings for the listing or nonlisting of a lake as a public
1085-freshwater lake through a licensure action, status determination, or
1086-enforcement action under IC 4-21.5.
1087-SECTION 45. IC 14-27-7.3-14, AS ADDED BY P.L.104-2020,
1088-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1089-JULY 1, 2025]: Sec. 14. (a) A person may appeal an administrative
1090-decision or penalty assessed under this chapter to the commission.
1091-under IC 4-21.5.
1092-(b) IC 4-21.5 applies to proceedings by the commission under this
1093-section.
1094-SECTION 46. IC 14-27-7.5-16, AS AMENDED BY P.L.129-2022,
1095-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1096-JULY 1, 2025]: Sec. 16. (a) A property owner, the owner's
1097-representative, or an individual who resides downstream from a
1098-structure:
1099-(1) over which the department does not have jurisdiction under
1100-this chapter; and
1101-(2) that the property owner, the owner's representative, or the
1102-individual believes would cause a loss of life or serious damage
1103-to the person's home, industrial or commercial building, public
1104-utility, major highway, or railroad if the structure fails;
1105-may request in writing that the department declare the structure a high
1106-hazard structure.
1107-(b) If the department receives a request under subsection (a), the
1108-department shall:
1109-(1) investigate the structure and the area downstream from the
1110-structure;
1111-HEA 1466 — Concur 27
1112-(2) notify the owner of the structure that the structure is being
1113-investigated;
1114-(3) review written statements and technical documentation from
1115-any interested party; and
1116-(4) after considering the available information, determine whether
1117-or not the structure is a high hazard structure.
1118-(c) The department shall issue a written notice of the department's
1119-determination under subsection (b) to:
1120-(1) the individual who requested the determination; and
1121-(2) the owner of the structure that is the subject of the request.
1122-(d) Either:
1123-(1) the individual who requested a determination; or
1124-(2) the owner of the structure that is the subject of the request;
1125-may request an administrative review an administrative adjudication
1126-under IC 4-21.5-3-6 within thirty (30) days after receipt of the written
1127-determination.
1128-(e) If the department determines that a structure is a high hazard
1129-structure under subsection (b), the provisions of this chapter
1130-concerning high hazard structures apply to the structure.
1131-SECTION 47. IC 14-28-1-6 IS AMENDED TO READ AS
1132-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. Each county agent,
1133-city engineer, county engineer, county surveyor, and state agency shall
1134-obtain, provide, and furnish pertinent data and information that is
1135-requested by an order of the commission or the office of
1136-administrative law proceedings, subject to the approval of the
1137-governor.
1138-SECTION 48. IC 14-28-1-28 IS AMENDED TO READ AS
1139-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 28. (a) The commission
1140-may by order:
1141-(1) establish a floodway as a commission floodway; and
1142-(2) alter, change, or revoke and terminate the commission
1143-floodway.
1144-(b) In the order establishing the commission floodway, the
1145-commission shall fix the following:
1146-(1) The floodway's length at any practical distance.
1147-(2) The floodway's width or the landside limits so as to include
1148-parts of the flood plains adjoining the channel that, with the
1149-channel, are reasonably required to efficiently carry and discharge
1150-the flood waters or flood flow of the river or stream.
1151-(c) Notwithstanding any other provision of law, an order
1152-establishing a commission floodway is not in force until notice has
1153-been given as follows:
1154-HEA 1466 — Concur 28
1155-(1) In writing to the county executive in the county affected.
1156-(2) By publication at least two (2) times, seven (7) days apart, as
1157-follows:
1158-(A) In two (2) daily newspapers in the city of Indianapolis as
1159-provided in IC 5-3-1-6.
1160-(B) In newspapers in the counties where all or part of the
1161-commission floodway is established as provided in IC 5-3-1-6.
1162-(d) All of the area within a commission floodway is the floodway for
1163-all purposes of this chapter.
1164-(e) A determination by the commissioner under this section is
1165-subject to an administrative adjudication under IC 4-21.5.
1166-SECTION 49. IC 14-28-1-30 IS AMENDED TO READ AS
1167-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 30. IC 4-21.5 applies
1168-to a determination of the commission.
1169-SECTION 50. IC 14-30.5-2-2, AS ADDED BY P.L.251-2023,
1170-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1171-JULY 1, 2025]: Sec. 2. (a) If one (1) county executive submits an
1172-ordinance and a written request for recognition of a proposed
1173-watershed development commission under section 1(c) of this chapter,
1174-the natural resources commission shall decide under subsections (c)
1175-through (e) whether to recognize the proposed commission.
1176-(b) If the county executives of two (2) or more counties submit
1177-ordinances and written requests under section 1(c) of this chapter for
1178-recognition of a single proposed watershed development commission
1179-empowered to act in a single designated watershed that includes areas
1180-within both or all of the counties:
1181-(1) the natural resources commission may not decide whether to
1182-recognize the proposed commission unless the provisions of the
1183-ordinances submitted under section 1(c)(1) of this chapter are
1184-essentially identical in:
1185-(A) identifying the designated watershed; and
1186-(B) stating the purposes of the proposed commission; and
1187-(2) if the natural resources commission determines that the
1188-requirement set forth in subdivision (1) is met, the natural
1189-resources commission shall decide under subsections (c) through
1190-(e) whether to recognize the proposed commission.
1191-(c) Before making a decision whether to recognize a proposed
1192-commission under this section, the natural resources commission shall
1193-hold at least one (1) public hearing concerning the proposed
1194-commission in each county whose executive submitted an ordinance
1195-and a written request for recognition of the proposed commission under
1196-section 1(c) of this chapter. Any interested person attending a public
1197-HEA 1466 — Concur 29
1198-hearing held under this subsection shall have the right to:
1199-(1) address the natural resources commission; and
1200-(2) provide written comments;
1201-on whether the proposed commission should be established. An officer
1202-or employee of the division of hearings of The natural resources
1203-commission may on behalf of the natural resources commission,
1204-convene the meeting, record the testimony given, and receive the
1205-written comments provided.
1206-(d) The natural resources commission shall give notice of a public
1207-hearing to be held under subsection (c):
1208-(1) by publication at least one (1) time in one (1) newspaper of
1209-general circulation in the county in which the hearing will be
1210-held; and
1211-(2) through the website of the natural resources commission.
1212-(e) In deciding whether to recognize a proposed commission, the
1213-natural resources commission shall determine the answer to each of the
1214-following questions:
1215-(1) Are the purposes for which the proposed commission would
1216-be established, as set forth in the ordinance or ordinances under
1217-section 1(b)(3) of this chapter, within the purposes set forth in
1218-IC 14-30.5-3-1 for which a watershed development commission
1219-may be established?
1220-(2) Do the purposes of the proposed commission, as set forth in
1221-the ordinance or ordinances under section 1(b)(3) of this chapter,
1222-correspond to legitimate flood damage reduction, drainage, storm
1223-water management, recreation, or water infrastructure needs of
1224-each county seeking establishment of the commission, as set forth
1225-under section 1(b)(4) of this chapter?
1226-(3) Is it reasonable to expect that the establishment of a
1227-commission having powers under this article only in the county
1228-or counties from which the ordinance or ordinances were
1229-submitted under section 1(c)(1) of this chapter would effectively
1230-address the flood damage reduction, drainage, storm water
1231-management, recreation, or water infrastructure needs of each
1232-county that submitted an ordinance under section 1(c)(1) of this
1233-chapter?
1234-(4) Is it reasonable to expect that the establishment of a
1235-commission that has powers under this article only in the area or
1236-areas inside the geographic boundaries of the designated
1237-watershed would effectively address the flood damage reduction,
1238-drainage, storm water management, recreation, or water
1239-infrastructure needs of each county that submitted an ordinance
1240-HEA 1466 — Concur 30
1241-under section 1(c)(1) of this chapter?
1242-(5) Is the territory of the proposed commission at least as large as
1243-the entirety of the same eight (8) digit U.S. Geological Survey
1244-hydrologic unit code?
1245-(6) Has a regional watershed study or watershed management
1246-plan been conducted in consultation with the Indiana finance
1247-authority and the department of natural resources that assesses
1248-water use, water quality, drinking water systems, wastewater
1249-management systems, storm water management, flood control,
1250-drainage management, recreational uses, natural resources, and
1251-water infrastructure needs of the watershed of the proposed
1252-commission? If so, can the establishment of the proposed
1253-commission be expected to address the needs identified in that
1254-study or management plan?
1255-(f) If:
1256-(1) one (1) county's executive submits an ordinance and a request
1257-for recognition of a proposed commission under section 1(c) of
1258-this chapter; and
1259-(2) the natural resources commission answers all of the questions
1260-set forth in subsection (e) favorably;
1261-the natural resources commission shall issue an order recognizing the
1262-watershed development commission and recognizing the county
1263-referred to in subdivision (1) as a member of the watershed
1264-development commission.
1265-(g) If:
1266-(1) executives of two (2) or more counties submit ordinances and
1267-requests for recognition of a proposed watershed development
1268-commission under section 1(c) of this chapter; and
1269-(2) the natural resources commission answers all of the questions
1270-set forth in subsection (e) favorably with respect to at least one (1)
1271-of the counties;
1272-the natural resources commission shall issue an order recognizing the
1273-watershed development commission and recognizing as a member of
1274-the watershed development commission each county with respect to
1275-which the natural resources commission answered all of the questions
1276-set forth in subsection (e) favorably.
1277-(h) If the natural resources commission does not answer all of the
1278-questions set forth in subsection (e) favorably with respect to a county,
1279-the natural resources commission shall:
1280-(1) inform the executive of the county in writing of its decision;
1281-and
1282-(2) specify in the writing the reason or reasons for each
1283-HEA 1466 — Concur 31
1284-unfavorable answer.
1285-(i) The action of the natural resources commission under this section
1286-in declining to recognize a proposed watershed development
1287-commission for a particular watershed does not preclude the later
1288-submission of one (1) or more new ordinances and written requests for
1289-recognition of a proposed watershed development commission for the
1290-same designated watershed.
1291-(j) An action of the natural resources commission under this section
1292-declining to recognize a particular county as a member of a watershed
1293-development commission does not preclude the later submission of:
1294-(1) another ordinance and written request under section 1(c) of
1295-this chapter for recognition of the county as a member of another
1296-proposed watershed development commission; or
1297-(2) an ordinance and written request under section 4 or 5 of this
1298-chapter proposing the county for membership in an established
1299-watershed development commission.
1300-SECTION 51. IC 14-30.5-2-6, AS ADDED BY P.L.251-2023,
1301-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1302-JULY 1, 2025]: Sec. 6. (a) A county to which section 4 or 5 of this
1303-chapter applies may not become a member of an existing watershed
1304-development commission unless:
1305-(1) the executives of all of the counties that are members of the
1306-existing commission adopt ordinances accepting the county as a
1307-member county of the existing commission; and
1308-(2) the natural resources commission issues an order under this
1309-section recognizing the county as a member county of the existing
1310-commission.
1311-(b) Before making a decision whether to recognize a county as a
1312-member county of an existing commission under this section, the
1313-natural resources commission shall hold at least one (1) public hearing
1314-in the county concerning the proposed membership of the county in the
1315-existing commission. Any interested person attending a public hearing
1316-held under this subsection shall have the right to:
1317-(1) address the natural resources commission; and
1318-(2) provide written comments;
1319-concerning the proposed membership of the county in the existing
1320-commission. An officer or employee of the division of hearings of The
1321-natural resources commission may on behalf of the natural resources
1322-commission, convene the meeting, record the testimony given, and
1323-receive the written comments provided.
1324-(c) The natural resources commission shall give notice of a public
1325-hearing to be held under subsection (b):
1326-HEA 1466 — Concur 32
1327-(1) by publication at least one (1) time in one (1) newspaper of
1328-general circulation in the county in which the hearing will be
1329-held; and
1330-(2) through the website of the natural resources commission.
1331-(d) In deciding whether to recognize a county to which section 4 or
1332-5 of this chapter applies as a member of an existing commission, the
1333-natural resources commission shall determine the answer to each of the
1334-following questions:
1335-(1) Do the stated purposes for which the watershed development
1336-commission was established correspond to the flood damage
1337-reduction, drainage, storm water management, recreation, or
1338-water infrastructure needs of the county, as stated under section
1339-4(b)(3) or 5(b)(3) of this chapter?
1340-(2) Is it reasonable to expect that the county's flood damage
1341-reduction, drainage, storm water management, recreation, or
1342-water infrastructure needs, as stated under section 4(b)(3) or
1343-5(b)(3) of this chapter, would be addressed more effectively if the
1344-county were a member of the existing commission than those
1345-needs have previously been addressed?
1346-(3) Would the county's membership in the existing commission
1347-diminish the effectiveness of the existing watershed development
1348-commission in addressing the flood damage reduction, drainage,
1349-storm water management, recreation, or water infrastructure
1350-needs of other member counties?
1351-(4) Is the territory of the proposed commission at least as large as
1352-the entirety of the same eight (8) digit U.S. Geological Survey
1353-hydrologic unit code?
1354-(5) Has a regional watershed study or watershed management
1355-plan been conducted in consultation with Indiana finance
1356-authority and the department of natural resources that assesses
1357-water use, water quality, drinking water systems, wastewater
1358-management systems, storm water management, flood control,
1359-drainage management, recreational uses, natural resources, and
1360-water infrastructure needs of the watershed of the proposed
1361-commission? If so, can the establishment of the proposed
1362-commission be expected to address the needs identified in that
1363-study or management plan?
1364-(e) If the natural resources commission answers all of the questions
1365-set forth in subsection (d) favorably, the natural resources commission
1366-shall issue an order recognizing the membership of the county in the
1367-existing commission.
1368-(f) If the natural resources commission does not answer all of the
1369-HEA 1466 — Concur 33
1370-questions set forth in subsection (d) favorably, the natural resources
1371-commission shall inform the executive of the county to which section
1372-4 or 5 of this chapter applies in writing of its decision and specify in the
1373-writing the reason or reasons for each unfavorable answer.
1374-(g) An action of the natural resources commission under this section
1375-declining to recognize a county as a member of an established
1376-watershed development commission does not preclude the later
1377-submission of another ordinance under section 4 or 5 of this chapter
1378-seeking membership for the county in an existing commission.
1379-SECTION 52. IC 14-31-3-11 IS AMENDED TO READ AS
1380-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11. (a) The department
1381-may after notice and a hearing, revoke or suspend the license of a
1382-person who violates this chapter. All proceedings under this chapter to
1383-revoke or suspend a license shall be conducted in the manner
1384-prescribed by IC 4-21.5-3. are subject to IC 4-21.5.
1385-(b) If a court determines that a person has violated this chapter, the
1386-court may, in addition to any other penalty, do the following:
1387-(1) Suspend or revoke the license of the person for any period of
1388-time for which the license was issued.
1389-(2) Order that a license not be issued to the person for a period not
1390-longer than five (5) years.
1391-SECTION 53. IC 14-33-6-4, AS AMENDED BY P.L.56-2023,
1392-SECTION 134, IS AMENDED TO READ AS FOLLOWS
1393-[EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The commission shall do the
1394-following:
1395-(1) Review each district plan.
1396-(2) Request the technical assistance of any other state agency,
1397-including:
1398-(A) the environmental rules board;
1399-(B) the Indiana department of health; and
1400-(C) the department of environmental management;
1401-having administrative jurisdiction over any of the purposes of the
1402-district.
1403-(b) The commission may also request technical assistance of any
1404-federal agency.
1405-(c) The commission shall approve a plan if the following conditions
1406-are met:
1407-(1) Any other state agency having authority over certain purposes
1408-of the district has approved that part of the plan.
1409-(2) The commission finds that the plan accomplishes in an
1410-economical manner the purpose for which the district is
1411-established.
1412-HEA 1466 — Concur 34
1413-(d) The commission may reject a plan or any part of a plan. The
1414-board may make the changes that are necessary to secure the approval
1415-of the commission.
1416-(e) A determination of the commission under this section is
1417-subject to an administrative adjudication under IC 4-21.5.
1418-SECTION 54. IC 14-34-2-2, AS AMENDED BY P.L.128-2024,
1419-SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1420-JULY 1, 2025]: Sec. 2. (a) The commission shall appoint the following:
1421-(1) An administrative law judge to conduct proceedings under
1422-IC 4-21.5. An administrative law judge is subject to IC 14-10-2-2.
1423-(2) A hearing officer to conduct proceedings under IC 4-22-2.
1424-(b) (a) An administrative law judge with the office of
1425-administrative law proceedings is the ultimate authority for the
1426-department for any an administrative review adjudication proceeding
1427-under this article. except for the following:
1428-(1) Proceedings concerning the approval or disapproval of a
1429-permit application or permit renewal under IC 14-34-4-13.
1430-(2) Proceedings for suspension or revocation of a permit under
1431-IC 14-34-15-7.
1432-(3) Proceedings consolidated with the office of administrative law
1433-proceedings under IC 14-10-2-2.5.
1434-(c) (b) An order made by an administrative law judge with the
1435-office of administrative law proceedings granting or denying
1436-temporary relief from a decision of the director is a final order. of the
1437-department.
1438-(d) (c) Judicial review of a final order made by an administrative
1439-law judge with the office of administrative law proceedings under
1440-subsection (b) or (c) this section or under IC 13-4.1-2-1(c) or
1441-IC 13-4.1-2-1(d) (before their repeal) may be taken under IC 4-21.5-5.
1442-SECTION 55. IC 14-34-2-7 IS AMENDED TO READ AS
1443-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) After the
1444-commission has adopted rules as required by section 1 of this chapter,
1445-any person may petition the commission to initiate a proceeding for the
1446-adoption, amendment, or repeal of a rule adopted to enforce this article.
1447-(b) The petition must set forth facts that the petitioner claims
1448-necessitate the adoption, amendment, or repeal of the rule described in
1449-subsection (a).
1450-(c) The petition must specify the petitioner's proposed adoption,
1451-amendment, or repeal of a rule.
1452-(d) Upon receipt of the petition, the commission may conduct any
1453-necessary investigations and hold a public hearing that is not subject
1454-to IC 4-21.5 to determine whether the petition should be granted. The
1455-HEA 1466 — Concur 35
1456-commission may not hold a public hearing if the petition is incomplete.
1457-(e) Within ninety (90) days of receipt of the petition, the
1458-commission shall either grant or deny the petition. If the petition is
1459-granted, the commission shall adopt, amend, or repeal the rule under
1460-IC 4-22-2. The commission shall send written notice to the petitioner
1461-setting forth the reasons for granting or denying the petition.
1462-(f) A determination under this section is subject to an
1463-administrative adjudication under IC 4-21.5.
1464-SECTION 56. IC 14-34-4-13 IS AMENDED TO READ AS
1465-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) Within Not
1466-later than thirty (30) days after an applicant is notified of the approval
1467-or disapproval of an application:
1468-(1) the applicant; or
1469-(2) any person with an interest that is or may be adversely
1470-affected;
1471-may request a hearing under IC 4-21.5 on the reasons for the final
1472-determination. The request must identify the person's interest that is or
1473-may be affected by the approval or disapproval of the application.
1474-(b) Upon receipt of a request for a hearing under subsection (a), the
1475-commission shall do the following:
1476-(1) Hold a hearing within thirty (30) days of the receipt of the
1477-request.
1478-(2) Notify the applicant and all interested parties of the time and
1479-place of the hearing.
1480-(3) Conduct the hearing and proceedings in accordance with
1481-IC 4-21.5. For all hearings and proceedings commenced after July
1482-1, 1991, the commission is limited to the record before the
1483-director.
1484-(c) (b) Within Not later than thirty (30) days after the an
1485-evidentiary hearing, the commission office of administrative law
1486-proceedings shall furnish:
1487-(1) the applicant; and
1488-(2) all persons who participated in the hearing;
1489-a written decision and state the reasons for the decision.
1490-SECTION 57. IC 14-34-4-17 IS AMENDED TO READ AS
1491-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. If a hearing is
1492-requested under section 13 of this chapter, the commission
1493-administrative law judge may under the conditions that the
1494-commission prescribes, grant appropriate temporary relief pending
1495-final determination of the proceedings if the following conditions are
1496-met:
1497-(1) All parties to the proceedings are notified and given an
1498-HEA 1466 — Concur 36
1499-opportunity to be heard on a request for temporary relief.
1500-(2) The person requesting temporary relief shows a substantial
1501-likelihood that the person will prevail on the merits of the final
1502-determination of the proceeding.
1503-(3) Temporary relief will not adversely affect the public health or
1504-safety or cause significant imminent environmental harm to land,
1505-air, or water resources.
1506-SECTION 58. IC 14-34-6-11, AS AMENDED BY P.L.152-2021,
1507-SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1508-JULY 1, 2025]: Sec. 11. (a) If written objections are filed and a hearing
1509-requested under section 10 of this chapter, the director shall do the
1510-following:
1511-(1) Inform all the interested parties of the date, time, and location
1512-of the hearing.
1513-(2) Publish notice of the information one (1) time each week for
1514-two (2) consecutive weeks:
1515-(A) with each publication of notice in a newspaper of general
1516-circulation in the county where the surface coal mining and
1517-reclamation operation proposed for bond release is located; or
1518-(B) with the first publication of notice in the newspaper
1519-described in clause (A) and the second publication of notice:
1520-(i) in accordance with IC 5-3-5; and
1521-(ii) on the official web site website of the county where the
1522-surface coal mining and reclamation operation proposed for
1523-bond release is located.
1524-(b) The director shall hold the public hearing in accordance with
1525-IC 14-34-4-5:
1526-(1) in the county where the surface coal mining and reclamation
1527-operation proposed for bond release is located; or
1528-(2) at the state capital;
1529-at the option of the objector, within thirty (30) days of the request for
1530-the hearing.
1531-(c) At a public hearing held under this section, the director may
1532-inspect the land affected and other surface coal mining operations
1533-carried on by the applicant in the vicinity.
1534-(d) The director shall notify the permittee in writing of the decision
1535-and findings of the hearing within thirty (30) days of the completion of
1536-the hearing.
1537-(e) The director's decision is subject to an administrative
1538-adjudication under IC 4-21.5.
1539-SECTION 59. IC 14-34-16-1 IS AMENDED TO READ AS
1540-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) The director:
1541-HEA 1466 — Concur 37
1542-(1) may, after an opportunity for a public hearing under
1543-IC 4-21.5-3, assess a civil penalty on a permittee who violates:
1544-(A) this article; or
1545-(B) IC 13-4.1 (before its repeal); and
1546-(2) shall, if the director has issued a cessation order for the
1547-violation to the permittee, assess a civil penalty.
1548-(b) The civil penalty assessed under this section may be in an
1549-amount of not more than five thousand dollars ($5,000) for each
1550-violation.
1551-(c) If an operator fails to correct a violation for which a notification
1552-has been issued under:
1553-(1) IC 13-4.1-11-4 (before its repeal); or
1554-(2) IC 14-34-15-5;
1555-in the allotted time for correction, the director may, if a civil penalty is
1556-assessed, assess a civil penalty of not less than seven hundred fifty
1557-dollars ($750) for each day during which the failure or violation
1558-continues.
1559-(d) The time for correction of a violation does not end until the entry
1560-of:
1561-(1) a final order by the director, for review proceedings initiated
1562-by the operator if the director orders, after an expedited hearing,
1563-the suspension of the abatement requirements of the citation
1564-based upon a determination that the operator will suffer
1565-irreparable loss or damage from the application of those
1566-requirements; or
1567-(2) an order of the court, for review proceedings initiated by the
1568-operator if the court orders the suspension of the abatement
1569-requirements of the citation.
1570-(e) A civil penalty under this section is subject to an
1571-administrative adjudication under IC 4-21.5.
1572-SECTION 60. IC 14-34-16-4 IS AMENDED TO READ AS
1573-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) Upon the
1574-issuance of a notice or an order charging that a violation of IC 13-4.1
1575-(before its repeal) or this article has occurred, the director shall, within
1576-thirty (30) days, do the following:
1577-(1) Inform the permittee of the amount of penalty assessed.
1578-(2) Issue an order to the permittee to pay the penalty.
1579-(b) The permittee has thirty (30) days from receipt of the order to:
1580-(1) pay the penalty; or
1581-(2) request a hearing to contest the amount.
1582-(c) If the permittee requests a hearing, the permittee shall forward
1583-an amount equal to the assessed penalty to the director, who shall place
1584-HEA 1466 — Concur 38
1585-the amount in an escrow account. A permittee who desires to contest
1586-the violation or amount of penalty assessed but fails to forward the
1587-amount to the director waives all legal rights to contest the violation or
1588-amount of penalty assessed.
1589-(d) The commission:
1590-(1) shall conduct the hearing in accordance with IC 4-21.5-3; and
1591-(2) may consolidate this hearing with a hearing conducted under
1592-IC 14-34-15 if appropriate.
1593-(e) (d) If it is determined at the hearing that the civil penalty is
1594-appropriate, the commission shall issue to the permittee a written
1595-decision and an order to pay the penalty within thirty (30) days of
1596-receipt of the order.
1597-(f) (e) If, through administrative or judicial review of the assessed
1598-penalty:
1599-(1) it is determined that a violation did not occur; or
1600-(2) the amount of penalty is reduced;
1601-the director shall, within thirty (30) days of the decision, remit the
1602-appropriate amount to the permittee with interest at the rate of eight
1603-percent (8%) per year.
1604-(f) A civil penalty under this section is subject to an
1605-administrative adjudication under IC 4-21.5.
1606-SECTION 61. IC 14-36-1-32 IS AMENDED TO READ AS
1607-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 32. IC 4-21.5 applies
1608-to a determination made under this chapter.
1609-SECTION 62. IC 14-37-3-17 IS AMENDED TO READ AS
1610-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. An order resulting
1611-from an informal hearing under section 16 of this chapter is subject to
1612-administrative review an administrative adjudication under
1613-IC 4-21.5, except an order under section 16(1) of this chapter, which
1614-is subject to review under IC 4-22-2.
1615-SECTION 63. IC 14-37-8-10 IS AMENDED TO READ AS
1616-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) Any person may
1617-request a hearing before the commission under IC 4-21.5 to consider
1618-whether a well for oil and gas purposes is:
1619-(1) leaking or may leak a deleterious substance into an aquifer
1620-containing fresh water or onto the surface of the land; or
1621-(2) allowing oil or gas from the well to escape into the
1622-atmosphere.
1623-(b) A determination under this section is subject to an
1624-administrative adjudication under IC 4-21.5.
1625-SECTION 64. IC 14-37-9-4 IS AMENDED TO READ AS
1626-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. The commission
1627-HEA 1466 — Concur 39
1628-office of administrative law proceedings shall determine any dispute
1629-that arises under this chapter under IC 4-21.5.
1630-SECTION 65. IC 14-37-12-3 IS AMENDED TO READ AS
1631-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. A notice of violation
1632-under this chapter is subject to IC 4-21.5-3-6. The notice must include
1633-the following:
1634-(1) The nature of the violation.
1635-(2) What action is appropriate to abate the violation.
1636-(3) The date by which the violation must be abated.
1637-(4) The procedure to obtain administrative review an
1638-administrative adjudication under IC 4-21.5 if the owner or
1639-operator is aggrieved by issuance of the notice of violation.
1640-SECTION 66. IC 14-37-12-4 IS AMENDED TO READ AS
1641-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. A notice of violation
1642-issued under this chapter becomes effective without a proceeding under
1643-IC 4-21.5-3 unless a person requests administrative review an
1644-administrative adjudication under IC 4-21.5-3-6 within thirty (30)
1645-days of issuance.
1646-SECTION 67. IC 14-37-13-4 IS AMENDED TO READ AS
1647-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. A civil penalty
1648-assessed under section 3 of this chapter is subject to IC 4-21.5-3-6 and
1649-becomes effective without a proceeding under IC 4-21.5-3 unless a
1650-person requests an administrative review adjudication within thirty
1651-(30) days of notice of the assessment.
1652-SECTION 68. IC 14-39-1-11, AS ADDED BY P.L.150-2011,
1653-SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1654-JULY 1, 2025]: Sec. 11. A determination of the department under
1655-section 4(e)(2) of this chapter is subject to an administrative review
1656-adjudication under IC 4-21.5.
1657-SECTION 69. IC 25-1-7-7 IS AMENDED TO READ AS
1658-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) If there has been
1659-no statement of settlement filed by the board under section 6 of this
1660-chapter, and if, after conducting an investigation, the director believes
1661-that the licensee should be subjected to disciplinary sanctions by the
1662-board of his the licensee's regulated occupation, then he the director
1663-shall so report to the attorney general.
1664-(b) Upon receiving the director's report, the attorney general may
1665-prosecute the matter, on behalf of the state of Indiana, before the board.
1666-(c) The board may designate any person as a hearing officer to hear
1667-the matter as set forth in section 7.5 of this chapter.
1668-(b) (d) Notwithstanding subsection (a) (b), of this section, if the
1669-board by majority vote so requests, the attorney general shall prosecute
1670-HEA 1466 — Concur 40
1671-the matter before the board, on behalf of the state of Indiana.
1672-SECTION 70. IC 25-1-7-7.5 IS ADDED TO THE INDIANA CODE
1673-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1674-1, 2025]: Sec. 7.5. (a) This section is not subject to IC 4-15-10.5.
1675-(b) The board may designate a member of the board to serve as
1676-a hearing officer under section 7(c) of this chapter.
1677-(c) The board may designate a hearing officer before a:
1678-(1) particular; or
1679-(2) general;
1680-class of proceedings commences.
1681-(d) A hearing officer must recuse themself if the hearing officer
1682-has bias, prejudice, or knowledge of a disputed evidentiary issue
1683-that may influence the hearing officer's decision or an interest in
1684-the outcome of a proceeding. The hearing officer must inform the
1685-parties of the reason for the recusal.
1686-(e) A party may petition for the disqualification of a hearing
1687-officer upon discovering facts establishing grounds for
1688-disqualification under this chapter. The hearing officer assigned to
1689-the proceeding shall determine whether to grant the petition,
1690-stating facts and reasons for the determination.
1691-(f) If the hearing officer denies a disqualification petition under
1692-subsection (e), the party petitioning for disqualification may
1693-petition the ultimate authority. The ultimate authority shall:
1694-(1) conduct proceedings under IC 4-21.5-3-28; or
1695-(2) request that the director of the office of administrative law
1696-proceedings conduct proceedings under IC 4-21.5-3-28;
1697-to review the petition and affirm, modify, or dissolve the ruling not
1698-later than thirty (30) days after the petition is filed. A
1699-determination by the ultimate authority or the director of the office
1700-of administrative law proceedings under this subsection is a final
1701-order subject to judicial review under IC 4-21.5-5.
1702-(g) If an alternate hearing officer is necessary because a hearing
1703-officer recuses themself or is disqualified, the board must appoint
1704-an alternate hearing officer.
1705-SECTION 71. IC 25-2.1-9-4, AS AMENDED BY P.L.83-2024,
1706-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1707-JULY 1, 2025]: Sec. 4. (a) This section applies to a licensee that
1708-receives a peer review rating of fail for a peer review conducted under
1709-IC 25-2.1-5-8.
1710-(b) The following definitions apply throughout this section:
1711-(1) "Administering entity" refers to the body established or
1712-sanctioned by the board to conduct a peer review program.
1713-HEA 1466 — Concur 41
1714-(2) "Director" refers to the director of the division of consumer
1715-protection in the office of the attorney general.
1716-(3) "Oversight committee" refers to a committee of licensees who
1717-are not board members that is designated by the board to receive
1718-the results of a peer review.
1719-(c) The board shall provide the director with the name and contact
1720-information for the administering entity.
1721-(d) The oversight committee may forward the results of a peer
1722-review to the director. Receipt of the results may be treated under
1723-IC 25-1-7-4, IC 25-1-7-5, and IC 25-1-7-6 as a complaint submitted by
1724-the board. If, after conducting an investigation, the director believes
1725-that a licensee should be subjected to disciplinary sanctions by the
1726-board, the director shall report the director's determination to the
1727-attorney general. Upon receiving the director's report, the attorney
1728-general may prosecute the matter, on behalf of the state of Indiana,
1729-before the board. IC 25-1-7-7(b) IC 25-1-7-7(d) does not apply to a
1730-determination related to a complaint filed under this section.
1731-(e) The administering entity shall cooperate with an investigation
1732-under IC 25-1-7 of a complaint filed under this section. However, all
1733-complaints and information pertaining to a complaint are confidential
1734-until the attorney general files notice with the board of the attorney
1735-general's intent to prosecute a licensee under IC 25-1-7-7. Any meeting
1736-of the board, the oversight committee, or a designee of the board or
1737-oversight committee that is required in an investigation conducted
1738-before the attorney general files notice of intent to prosecute shall be
1739-conducted as an executive session under IC 5-14-1.5-6.1.
1740-SECTION 72. IC 25-17.6-9-1, AS AMENDED BY P.L.99-2005,
1741-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1742-JULY 1, 2025]: Sec. 1. If requested, an administrative review
1743-adjudication of a determination made by the board under
1744-IC 25-17.6-3-7, IC 25-17.6-4, or IC 25-17.6-8-1 shall must be
1745-conducted before an administrative law judge appointed by the natural
1746-resources commission or the director of the division of hearings under
1747-IC 14-10-2-2. office of administrative law proceedings.
1748-SECTION 73. IC 25-31.5-9-1, AS AMENDED BY P.L.99-2005,
1749-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1750-JULY 1, 2025]: Sec. 1. If requested, an administrative review
1751-adjudication of a determination made by the board under
1752-IC 25-31.5-3, IC 25-31.5-4, or IC 25-31.5-8 shall be conducted before
1753-an administrative law judge appointed by the natural resources
1754-commission or the director of the division of hearings under
1755-IC 14-10-2-2. office of administrative law proceedings.
1756-HEA 1466 — Concur 42
1757-SECTION 74. IC 26-3-7-16.7, AS ADDED BY P.L.145-2017,
1975+hearing is subject to judicial review under IC 4-21.5-5.".
1976+Page 27, line 2, reset in roman "judicial review".
1977+Page 27, line 2, delete "an administrative".
1978+Page 27, line 3, delete "adjudication".
1979+Page 27, line 5, reset in roman "judicial review".
1980+Page 27, line 5, delete "an administrative".
1981+Page 27, line 6, delete "adjudication".
1982+EH 1466—LS 7521/DI 107 47
1983+Page 35, line 28, delete "are subject to".
1984+Page 35, line 28, strike "IC 4-21.5-3." and insert "are subject to
1985+IC 4-21.5.".
1986+Page 40, strike lines 18 through 21.
1987+Page 40, line 22, strike "(e)" and insert "(d)".
1988+Page 40, line 26, strike "(f)" and insert "(e)".
1989+Page 40, line 33, delete "(g)" and insert "(f)".
1990+Delete pages 42 through 53.
1991+Page 54, delete lines 1 through 17.
1992+Page 56, line 28, reset in roman "by the".
1993+Page 56, line 29, strike "under".
1994+Page 56, line 30, delete "IC 4-21.5." and insert "office of
1995+administrative law proceedings.".
1996+Page 56, delete lines 31 through 42, begin a new paragraph and
1997+insert:
1998+"SECTION 77. IC 26-3-7-16.7, AS ADDED BY P.L.145-2017,
17581999 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17592000 JULY 1, 2025]: Sec. 16.7. (a) A licensee or claimant subject to the
17602001 director's action may appeal submit a petition for review and request
17612002 for administrative adjudication under IC 4-21.5-3 from orders issued
17622003 by the director under section 16.5 or 17.1 of this chapter.
1763-(b) A licensee or claimant may request an appeal administrative
1764-adjudication under IC 4-21.5-3 not more than fifteen (15) days after
1765-being served with the director's findings.
1766-(c) If a licensee or claimant requests an appeal administrative
1767-adjudication under IC 4-21.5-3, the director office of administrative
1768-law proceedings shall designate
2004+(b) A licensee or claimant may request an appeal under IC 4-21.5-3
2005+not more than fifteen (15) days after being served with the director's
2006+findings.
2007+(c) If a licensee or claimant requests an appeal under IC 4-21.5-3,
2008+the director office of administrative law proceedings shall designate
17692009 (1) an administrative law judge to preside over the appeal; and
17702010 (2) an ultimate authority for purposes of the appeal in accordance
17712011 with IC 4-21.5-3. petition for review.
17722012 (d) The office of administrative law proceedings is the ultimate
1773-authority for administrative adjudications under IC 4-21.5.
1774-SECTION 75. IC 31-27-7-5, AS ADDED BY P.L.173-2022,
1775-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1776-JULY 1, 2025]: Sec. 5. (a) A child services provider may request a
1777-review of the base rates approved by the department if the child
1778-services provider believes that an error or omission was made in the:
1779-(1) cost report that the child services provider submitted to the
1780-department;
1781-(2) department's calculation of the base rate; or
1782-(3) department's determination of the reasonableness of a cost.
1783-(b) A request for review under subsection (a) must be:
1784-(1) submitted in writing to the department; and
1785-(2) received by the department not more than thirty (30) days after
1786-the date on which the department mailed a rate letter to the child
1787-services provider.
1788-Compliance with subdivision (2) is determined in the same manner by
1789-which compliance with the requirements for actions related to
1790-administrative proceedings is determined under IC 4-21.5-3-1 and
1791-IC 4-21.5-3-2.
1792-(c) A child services provider making a request for review under
1793-subsection (a) shall submit the request for review in the form and
1794-manner specified by the department, including:
1795-(1) identification of the current base rate and approved new base
1796-rate, as applicable to a specific program or service offered by the
1797-child services provider;
1798-(2) an itemized statement of administrative and indirect costs that
1799-HEA 1466 — Concur 43
1800-the child services provider considers allowable under this chapter;
1801-(3) a clear, concise statement of the reasons for the requested
1802-change; and
1803-(4) a detailed statement supporting the requested change.
1804-The department shall not accept or process an incomplete request for
1805-review.
1806-(d) If a child services provider that submits a request for review
1807-under this chapter has a current license that is subject to current
1808-revocation proceedings, the department shall not act upon the request
1809-for review.
1810-(e) Not more than thirty (30) days after the date on which the
1811-department receives a request for review submitted under this chapter,
1812-the department shall conduct a review and:
1813-(1) provide written notice and an explanation of the department's
1814-decision to the child services provider; and
1815-(2) publish the notice and explanation of the department's
1816-decision on the department's Internet web site. website.
1817-(f) The department shall provide to the commission on improving
1818-the status of children the same notice and explanation of the
1819-department's decision provided to the child services provider under
1820-subsection (e), and the commission shall publish the notice on the
1821-commission's Internet web site. website.
1822-(g) The explanation of the department's decision under subsection
1823-(e) must include a detailed explanation of the following:
1824-(1) The specific portion of the disputed cost that is being
1825-approved or denied for reimbursement.
1826-(2) Why the disputed cost being denied is unreasonable.
1827-(3) The information the department used to make its
1828-determination.
1829-(h) The department is the ultimate authority of the review of a
1830-decision under this section.
1831-SECTION 76. IC 31-33-26-13, AS ADDED BY P.L.138-2007,
1832-SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1833-JULY 1, 2025]: Sec. 13. The department shall adopt rules under
1834-IC 4-22-2:
1835-(1) to provide procedures not inconsistent with section 9 of this
1836-chapter by which any person identified as a perpetrator in a
1837-substantiated report of child abuse or neglect that is entered into
1838-the child protection index may request and obtain an
1839-administrative hearing as provided in this chapter; and
1840-(2) to establish procedures for the conduct of the administrative
1841-hearing. and
1842-HEA 1466 — Concur 44
1843-(3) to establish provisions for administrative review by the
1844-department of a proposed or approved substantiated report, before
1845-or after an administrative hearing is available or conducted.
1846-SECTION 77. [EFFECTIVE JULY 1, 2025] (a) 465 IAC 3-2-5(e)
2013+authority for administrative adjudications under IC 4-21.5.".
2014+Page 58, after line 28, begin a new paragraph and insert:
2015+"SECTION 78. [EFFECTIVE JULY 1, 2025] (a) 465 IAC 3-2-5(e)
18472016 is void. The publisher of the Indiana Administrative Code and
18482017 Indiana Register shall remove this subsection from the Indiana
18492018 Administrative Code.
1850-(b) This SECTION expires July 1, 2026.
1851-HEA 1466 — Concur Speaker of the House of Representatives
1852-President of the Senate
1853-President Pro Tempore
1854-Governor of the State of Indiana
1855-Date: Time:
1856-HEA 1466 — Concur
2019+(b) This SECTION expires July 1, 2026.".
2020+Renumber all SECTIONS consecutively.
2021+and when so amended that said bill do pass.
2022+EH 1466—LS 7521/DI 107 48
2023+(Reference is to HB 1466 as introduced.)
2024+JETER
2025+Committee Vote: yeas 12, nays 0.
2026+_____
2027+COMMITTEE REPORT
2028+Mr. Speaker: Your Committee on Ways and Means, to which was
2029+referred House Bill 1466, has had the same under consideration and
2030+begs leave to report the same back to the House with the
2031+recommendation that said bill do pass.
2032+(Reference is to HB 1466 as printed February 10, 2025.)
2033+THOMPSON
2034+Committee Vote: Yeas 23, Nays 0
2035+_____
2036+COMMITTEE REPORT
2037+Mr. President: The Senate Committee on Judiciary, to which was
2038+referred House Bill No. 1466, has had the same under consideration
2039+and begs leave to report the same back to the Senate with the
2040+recommendation that said bill be AMENDED as follows:
2041+Page 12, line 31, strike "division." and insert "office of
2042+administrative law proceedings.".
2043+Page 13, line 4, strike "Not".
2044+Page 13, line 15, delete "For" and insert "Except as provided in
2045+IC 4-21.5-1-15, for".
2046+Page 13, line 29, delete "medicaid" and insert "Medicaid".
2047+Page 19, line 26, after "receipt of" insert "a".
2048+Page 36, line 26, strike "web site" and insert "website".
2049+Page 42, line 10, strike "appeal" and insert "administrative
2050+adjudication".
2051+Page 42, line 13, strike "appeal" and insert "administrative
2052+adjudication".
2053+and when so amended that said bill do pass.
2054+(Reference is to HB 1466 as printed February 17, 2025.)
2055+BROWN L, Chairperson
2056+EH 1466—LS 7521/DI 107 49
2057+Committee Vote: Yeas 10, Nays 0.
2058+EH 1466—LS 7521/DI 107