IC 16-41-26
    Chapter 26. Health, Sanitation, and Safety: Agricultural LaborCamps

IC 16-41-26-1
Agricultural labor camp
    Sec. 1. As used in this chapter, "agricultural labor camp" includesat least one (1) building or structure, tent, trailer, or vehicle,including the land, established, operated, or used as living quartersfor at least five (5) adult seasonal or temporary workers engaged inagricultural activities, including related food processing.
As added by P.L.2-1993, SEC.24.

IC 16-41-26-2
Application of chapter
    Sec. 2. A person operating or maintaining an agricultural laborcamp shall comply with this chapter and rules adopted under thischapter.
As added by P.L.2-1993, SEC.24.

IC 16-41-26-3
Permits
    Sec. 3. (a) Except as provided in subsection (b), a person may notdirectly or indirectly operate an agricultural labor camp until theperson has obtained from the state department a permit to operate thecamp and unless the permit is in full force and effect and is postedand kept posted in the camp to which the permit applies at all timesduring maintenance and operation of the camp.
    (b) A person may operate at least one (1) living unit of anagricultural labor camp under a permit issued under section 4 of thischapter.
As added by P.L.2-1993, SEC.24.

IC 16-41-26-4
Limited permits
    Sec. 4. (a) In addition to a permit issued under section 6 of thischapter, the state department may issue a permit that is limited to atleast one (1) specific living unit of an agricultural labor camp. Thestate may issue more than one (1) permit under this section to aperson operating an agricultural labor camp.
    (b) Rules adopted under this chapter apply to permits issued underthis section.
As added by P.L.2-1993, SEC.24.

IC 16-41-26-5
Conditions for issuance of limited permits
    Sec. 5. The state department may issue a permit under section 4of this chapter only if:
        (1) all mobile homes used as shelters and equipped with anoperable toilet, shower, lavatory, and hot and cold water under

pressure, provide a minimum floor space of sixty (60) squarefeet for each resident; and
        (2) all other shelters provide a minimum floor space of eighty(80) square feet for each resident.
As added by P.L.2-1993, SEC.24.

IC 16-41-26-6
Applications for permits; issuance, duration, and transferability ofpermits; inspections; hearings
    Sec. 6. (a) An application to operate an agricultural labor campmust be made to the state department in writing on a form and underrules prescribed by the state department.
    (b) The state department shall issue a permit for the operation ofan agricultural labor camp if the state department is satisfied, afterinvestigation or inspection, that the camp meets the minimumstandards of construction, sanitation, equipment, and operationrequired by rules adopted under section 8 of this chapter.
    (c) A permit is valid from the date of issuance through May 1 ofthe following year unless the permit is revoked.
    (d) A labor camp must be inspected and a permit issued before thelabor camp is occupied.
    (e) The annual inspection must occur during the sixty (60) daysbefore the first occupation by agricultural laborers each year.
    (f) A permit is not transferable.
    (g) If an applicant is refused a permit, the state department shall,upon request, afford the applicant a fair hearing in accordance withIC 4-21.5-3.
As added by P.L.2-1993, SEC.24.

IC 16-41-26-7
Revocation of permits
    Sec. 7. The state department may, after reasonable notice andopportunity for a fair hearing in accordance with IC 4-21.5-3, revokea permit authorizing the operation of an agricultural labor camp if thestate department finds that the holder of the permit has failed tocomply with a provision of this chapter or a rule or an order issuedunder this chapter.
As added by P.L.2-1993, SEC.24.

IC 16-41-26-8
Rules
    Sec. 8. (a) Except as provided in subsection (b), the statedepartment shall adopt rules under IC 4-22-2 necessary to protect thehealth, safety, and welfare of persons living in agricultural laborcamps, prescribing standards for living quarters at agricultural laborcamps, including provisions relating to construction of camps,sanitary conditions, light, air, safety protection from fire hazards,equipment, maintenance and operation of the camp, sewage disposalthrough septic tank absorption fields, and other matters appropriatefor the security of the life and health of occupants.    (b) The water pollution control board shall adopt rules underIC 4-22-2 pertaining to water supplies and sewage disposal systemsother than septic tank absorption fields required for agricultural laborcamps.
    (c) In the preparation of rules, the state department:
        (1) shall consult with and request technical assistance fromother appropriate state agencies; and
        (2) may appoint and consult with committees of technicallyqualified persons and of representatives of employers andemployees.
    (d) If a conflict exists between rules adopted under this chapterand rules adopted by the fire prevention and building safetycommission, the rules authorized in this section apply.
    (e) A copy of every rule adopted under this chapter shall be sentto each health officer in Indiana and to the heads of other stateagencies with specific or related responsibility affecting agriculturallabor camps and to any person requesting the rules. The rulesaffecting agricultural labor camps adopted under this chapter shall bepublished periodically in the manner the state department determines.
As added by P.L.2-1993, SEC.24.

IC 16-41-26-9
Enforcement; inspections and investigations
    Sec. 9. (a) The state department may initiate an action underIC 4-21.5-3-6 or IC 4-21.5-3-8 to enforce this chapter and rulesadopted under this chapter.
    (b) The state department and the state department's authorizedrepresentatives may enter and inspect agricultural labor camps atreasonable hours and may question the persons and investigate thefacts, conditions, and practices or matters that the state departmentconsiders necessary or appropriate to determine whether a person hasviolated a provision of this chapter or to aid in the enforcement ofthis chapter or in the adoption of rules under this chapter. The statedepartment may, to the extent appropriate, utilize the services of anyother state department or agency of the government for assistance inthe inspections and investigations.
As added by P.L.2-1993, SEC.24.

IC 16-41-26-10
Judicial review
    Sec. 10. (a) A person aggrieved by an order of the statedepartment denying or revoking a permit to operate an agriculturallabor camp may, in accordance with IC 4-21.5-5, petition the circuitor superior court for a review of the order asking that the order bemodified or set aside.
    (b) A person aggrieved by a rule adopted under section 8 of thischapter by the state department may, not more than thirty (30) daysafter the rule becomes effective, petition the circuit or superior courtto modify or set aside the rule in whole or in part, but only on theground that the rule is unlawful or unreasonable.    (c) A copy of a petition filed under subsection (a) or (b) shall beserved on the state health commissioner. The state department shallkeep and, on notice of filing of the petition, shall certify and file inthe court a full record in the proceeding on which the actioncomplained of is based.
    (d) The review authorized in subsection (a) or (b) is limited toquestions of law. Findings of fact by the state department, ifsupported by substantial evidence, are conclusive.
    (e) The jurisdiction of the court is exclusive and the court'sjudgment is final, except that the judgment is subject to review bythe supreme court.
As added by P.L.2-1993, SEC.24.

IC 16-41-26-11
Notice of enforcement actions
    Sec. 11. To adequately place and care for workers and theworkers' families housed in an agricultural labor camp, the statedepartment shall serve notice of an action initiated under section 13of this chapter to the following:
        (1) The county agricultural extension educator.
        (2) The representative of the nearest office of the publicemployment service whose duty it is to aid in placing suchworkers in suitable employment.
        (3) The county department of public welfare.
As added by P.L.2-1993, SEC.24. Amended by P.L.40-1993, SEC.52.

IC 16-41-26-12
Inspections and investigations by designated agents
    Sec. 12. The state department may designate an agent who may,on presentation of proper credentials, enter on private or publicproperty to inspect for and investigate possible violations of thischapter or a rule adopted under this chapter.
As added by P.L.2-1993, SEC.24.

IC 16-41-26-13
Civil penalties and compliance orders
    Sec. 13. (a) The state department shall adopt rules under IC 4-22-2that establish a schedule of civil penalties that may be levied in anaction to enforce the provisions of the following:
        (1) This chapter.
        (2) The rules of the state department.
    (b) A penalty included in the schedule of civil penalties adoptedunder subsection (a) may not exceed five hundred dollars ($500) perviolation per day.
    (c) The state department may issue an order of compliance,impose a civil penalty included in the schedule of civil penaltiesadopted under subsection (a), or both, against a person who:
        (1) fails to comply with this chapter or a rule adopted under thischapter; or
        (2) interferes with or obstructs the state department or the state

department's designated agent in the performance of dutiesunder this chapter.
    (d) An order of compliance may be issued under IC 4-21.5-3-6,IC 4-21.5-3-8, or IC 4-21.5-4. A civil penalty may be imposed onlyin a proceeding under IC 4-21.5-3-8.
    (e) A proceeding commenced to impose a civil penalty may beconsolidated with any other proceeding commenced to enforce thischapter or a rule adopted under this chapter.
As added by P.L.2-1993, SEC.24.

IC 16-41-26-14
Destruction or damage of property; penalty
    Sec. 14. The owner or operator of an agricultural labor camp mayunder 29 U.S.C. 1821(c) impose a penalty on an agricultural laborerwho knowingly or intentionally destroys or damages property on thepremises of an agricultural labor camp.
As added by P.L.2-1993, SEC.24.