Indiana House Bill HB1466 Latest Draft

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