CHAPTER 3. EXECUTIVE DIRECTOR

IC 10-19-3
    Chapter 3. Executive Director

IC 10-19-3-1
Appointment
    Sec. 1. The governor shall appoint an individual to be theexecutive director of the department.
As added by P.L.22-2005, SEC.17.

IC 10-19-3-2
Service; compensation
    Sec. 2. The executive director:
        (1) serves at the governor's pleasure; and
        (2) is entitled to receive compensation in an amount set by thegovernor.
As added by P.L.22-2005, SEC.17.

IC 10-19-3-3
Duties
    Sec. 3. The executive director shall do the following:
        (1) Serve as the chief executive and administrative officer of thedepartment.
        (2) Serve as the director of the council.
        (3) Administer the application for, and disbursement of, federaland state homeland security money for all Indiana state andlocal governments.
        (4) Develop a single strategic plan for preparing and respondingto homeland security emergencies in consultation with thecouncil.
        (5) Serve as the state coordinating officer under federal law forall matters relating to emergency and disaster mitigation,preparedness, response, and recovery.
        (6) Use and allocate the services, facilities, equipment,personnel, and resources of any state agency, on the governor'sbehalf, as is reasonably necessary in the preparation for,response to, or recovery from an emergency or disaster situationthat threatens or has occurred in Indiana.
        (7) Develop a plan to protect key state assets and publicinfrastructure from a disaster or terrorist attack.
As added by P.L.22-2005, SEC.17. Amended by P.L.101-2006,SEC.18; P.L.27-2010, SEC.4.

IC 10-19-3-4
Appointment of employees
    Sec. 4. The executive director may appoint employees in themanner provided by IC 4-15-2 and fix their compensation, subject tothe approval of the budget agency under IC 4-12-1-13.
As added by P.L.22-2005, SEC.17.

IC 10-19-3-5 Delegation of authority
    Sec. 5. The executive director may delegate the executivedirector's authority to the appropriate department staff.
As added by P.L.22-2005, SEC.17.

IC 10-19-3-6
Ultimate authority for administrative proceedings
    Sec. 6. For purposes of IC 4-21.5, the executive director, or theexecutive director's designee, is the ultimate authority for thedepartment.
As added by P.L.22-2005, SEC.17.

IC 10-19-3-7
Adoption of rules; exceptions
    Sec. 7. (a) Except as provided in this section, for purposes ofIC 4-22-2, the executive director is the authority that adopts rules forthe department.
    (b) The Indiana emergency medical services commission is theauthority that adopts rules under IC 16-31.
    (c) Except as provided in subsection (e) or (f), the fire preventionand building safety commission is the authority that adopts rulesunder any of the following:
        (1) IC 22-11.
        (2) IC 22-12.
        (3) IC 22-13.
        (4) IC 22-14.
        (5) IC 22-15.
    (d) The board of firefighting personnel standards and educationis the authority that adopts rules under IC 22-14-2-7(c)(7) andIC 36-8-10.5.
    (e) The boiler and pressure vessel rules board established byIC 22-12-4-1 is the authority that adopts:
        (1) emergency rules under IC 22-13-2-8(c); and
        (2) rules under IC 22-15-6.
    (f) The regulated amusement device safety board established byIC 22-12-4.5-2 is the authority that adopts rules under IC 22-15-7.
As added by P.L.22-2005, SEC.17.