22-12-7-1. Application of Chapter
Sec. 1. This chapter applies to the commission, the education board, and every officer, employee, and agent of an office or division within the department whenever the person has authority to administer or enforce a law. As added by P.L.245-1987, SEC.1. Amended by P.L.249-2019, SEC.21.
22-12-7-2. Application of Ic 4-21.5
Sec. 2. IC 4-21.5 applies to persons described in section 1 of this chapter. As added by P.L.245-1987, SEC.1.
22-12-7-3. Orders Under Ic 4-21.5-3-4; Issuance
Sec. 3. Notwithstanding IC 4-21.5-3-5, the appropriate person under section 1 of this chapter shall issue the following orders under IC 4-21.5-3-4: (1) The grant, renewal, restoration, transfer, or denial of a permit, registration, certification, release, variance, exemption, authorization, or other license. (2) The determination of tax due or other liability. (3) Any other order […]
22-12-7-4. Orders Under Ic 4-21.5-3-6; Issuance
Sec. 4. The appropriate person under section 1 of this chapter shall issue the following orders under IC 4-21.5-3-6: (1) An order requiring a person to cease and correct any violation of law. (2) An order that imposes a sanction described in section 7(4) or 7(5) of this chapter or that imposes a requirement under […]
22-12-7-5. Orders Under Ic 4-21.5-3-6; Time to Correct Violation
Sec. 5. An order issued under IC 4-21.5-3-6 must grant a reasonable time in which to cease and correct a violation of law covered by the order. As added by P.L.245-1987, SEC.1.
22-12-7-6. Emergency or Temporary Orders
Sec. 6. (a) An emergency or other temporary order may be issued under IC 4-21.5-4 whenever the appropriate person under section 1 of this chapter determines that conduct or a condition of property: (1) presents a clear and immediate hazard of death or serious bodily injury to any person other than a trespasser; (2) is […]
22-12-7-7. Orders Under Ic 4-21.5-3-6 or Ic 4-21.5-4; Corrective Actions; Sanctions
Sec. 7. An order under IC 4-21.5-3-6 or IC 4-21.5-4 may include the following, singly or in combination: (1) Require a person who has taken a substantial step toward violating a law or has violated a law to cease and correct the violation. (2) Require a person who has control over property that is affected […]
22-12-7-8. Probation Orders
Sec. 8. (a) If a licensee is placed on probation under section 7 of this chapter, the person issuing the order may require that licensee to: (1) report regularly to the department or another person upon the matters that are the basis of probation; (2) limit use of property or other conduct to those areas […]
22-12-7-9. Reinstatement of Suspended Licenses
Sec. 9. (a) The person issuing the order may reinstate a license that has been suspended under section 7 of this chapter if the person issuing the order is satisfied that the applicant for reinstatement is able to practice or operate with reasonable skill and safety. (b) As a condition of reinstatement the person issuing […]
22-12-7-10. Consistency in Imposing Sanctions; Reasons for Departure From Prior Decisions
Sec. 10. (a) A person described in section 1 of this chapter shall try to be consistent in imposing sanctions authorized under section 7(4) of this chapter. (b) If circumstances require a significant departure from prior decisions involving similar conduct, the person shall explain the reasons for the departure in its findings or orders. As […]