IC 22-12-7
    Chapter 7. Administrative Adjudication; Special JudicialProceedings

IC 22-12-7-1
Application of chapter
    Sec. 1. This chapter applies to the commission, the educationboard, the rules board, and every officer, employee, and agent of anoffice or division within the department whenever the person hasauthority to administer or enforce a law.
As added by P.L.245-1987, SEC.1.

IC 22-12-7-2
Application of IC 4-21.5
    Sec. 2. IC 4-21.5 applies to persons described in section 1 of thischapter.
As added by P.L.245-1987, SEC.1.

IC 22-12-7-3
Orders under IC 4-21.5-3-4; issuance
    Sec. 3. Notwithstanding IC 4-21.5-3-5, the appropriate personunder section 1 of this chapter shall issue the following orders underIC 4-21.5-3-4:
        (1) The grant, renewal, restoration, transfer, or denial of apermit, registration, certification, release, variance, exemption,authorization, or other license.
        (2) The determination of tax due or other liability.
        (3) Any other order that must be issued under IC 4-21.5 and isnot described in section 4 of this chapter.
As added by P.L.245-1987, SEC.1.

IC 22-12-7-4
Orders under IC 4-21.5-3-6; issuance
    Sec. 4. The appropriate person under section 1 of this chaptershall issue the following orders under IC 4-21.5-3-6:
        (1) An order requiring a person to cease and correct anyviolation 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 underIC 35-47.5-4-2.
        (3) Any other enforcement order.
As added by P.L.245-1987, SEC.1. Amended by P.L.141-2003,SEC.7.

IC 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 areasonable time in which to cease and correct a violation of lawcovered by the order.
As added by P.L.245-1987, SEC.1.
IC 22-12-7-6
Emergency or temporary orders
    Sec. 6. (a) An emergency or other temporary order may be issuedunder IC 4-21.5-4 whenever the appropriate person under section 1of this chapter determines that conduct or a condition of property:
        (1) presents a clear and immediate hazard of death or seriousbodily injury to any person other than a trespasser;
        (2) is prohibited without a permit, registration, certification,release, authorization, variance, exemption, or other licenserequired under IC 22-14 or IC 22-15 or another statuteadministered by a person described in section 1 of this chapterand the license has not been issued; or
        (3) will conceal a violation of law.
    (b) An emergency or other temporary order issued by an employeeor agent of the division of fire and building safety must be approvedby the state fire marshal or by the executive director of thedepartment.
    (c) An approval under subsection (b) may be orally communicatedto the employee or agent issuing the order. However, the departmentshall maintain a written record of the approval.
As added by P.L.245-1987, SEC.1. Amended by P.L.1-2006,SEC.357.

IC 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 includethe following, singly or in combination:
        (1) Require a person who has taken a substantial step towardviolating a law or has violated a law to cease and correct theviolation.
        (2) Require a person who has control over property that isaffected by a violation to take reasonable steps to:
            (A) protect persons and property from the hazards of theviolation; and
            (B) correct the violation.
        (3) Require persons to leave an area that is affected by aviolation and prohibit persons from entering the area until theviolation is corrected.
        (4) Impose any of the following sanctions with respect to apermit, registration, certification, release, authorization,variance, exemption, or other license issued by a persondescribed in section 1 of this chapter:
            (A) Permanently revoke the license.
            (B) Suspend the license.
            (C) Censure the person to whom the license is issued.
            (D) Issue a letter of reprimand to a person to whom thelicense is issued.
            (E) Place a person to whom the license is issued onprobation.        An order to permanently revoke or suspend a license under thissubdivision may include the revocation or suspension of alicense issued under IC 35-47.5-4-4.5 for the commission of anoffense under IC 35-47.5-5 or 18 U.S.C. 842 by the licensee.
        (5) Impose on a person who has violated a law that may beenforced by the department a civil penalty not to exceed twohundred fifty dollars ($250) for each day the violation occurs.
As added by P.L.245-1987, SEC.1. Amended by P.L.141-2003,SEC.8; P.L.35-2004, SEC.1.

IC 22-12-7-8
Probation orders
    Sec. 8. (a) If a licensee is placed on probation under section 7 ofthis chapter, the person issuing the order may require that licensee to:
        (1) report regularly to the department or another person uponthe matters that are the basis of probation;
        (2) limit use of property or other conduct to those areasprescribed by the person issuing the order; or
        (3) if the disciplined licensee is an inspector or an inspectionagency, continue or renew professional education under thedepartment or another person approved by the person issuingthe order until the person issuing the order finds that asatisfactory degree of skill has been attained in those areas thatare the basis of the probation.
    (b) The person issuing the order may cancel a probation order ifit finds that the deficiency that required disciplinary action has beenremedied by the licensee.
As added by P.L.245-1987, SEC.1.

IC 22-12-7-9
Reinstatement of suspended licenses
    Sec. 9. (a) The person issuing the order may reinstate a licensethat has been suspended under section 7 of this chapter if the personissuing the order is satisfied that the applicant for reinstatement isable to practice or operate with reasonable skill and safety.
    (b) As a condition of reinstatement the person issuing the ordermay impose disciplinary or corrective measures authorized under thisarticle.
As added by P.L.245-1987, SEC.1.

IC 22-12-7-10
Consistency in imposing sanctions; reasons for departure fromprior decisions
    Sec. 10. (a) A person described in section 1 of this chapter shalltry to be consistent in imposing sanctions authorized under section7(4) of this chapter.
    (b) If circumstances require a significant departure from priordecisions involving similar conduct, the person shall explain thereasons for the departure in its findings or orders.
As added by P.L.245-1987, SEC.1.
IC 22-12-7-11
Appeal of orders issued by rules board
    Sec. 11. (a) An order issued by the rules board may be appealedto the commission under IC 4-21.5-3-7.
    (b) If an order is appealed, the commission or its designee shallconduct all administrative proceedings under IC 4-21.5. In itsproceedings, the commission may modify the order or reverse theorder.
As added by P.L.245-1987, SEC.1.

IC 22-12-7-12
Appeal of orders issued by office or division of department;informal discussions
    Sec. 12. (a) This section applies to an order issued by an officer,employee, or agent of an office or division within the department.
    (b) The office or division issuing an order shall give a personwho:
        (1) is aggrieved by the order; and
        (2) requests review of the order in verbal or written form;
an opportunity to informally discuss the order with the office ordivision. Review under this subsection does not suspend the runningof the time period in which a person must petition underIC 4-21.5-3-7 to appeal the order.
    (c) The office or division issuing the order may, on its owninitiative or at the request of any person, modify its order or reversethe order.
    (d) An order issued by an office or a division may be appealed tothe commission under IC 4-21.5-3-7. A decision to deny a request tomodify or reverse an order under subsection (c) is not appealable.
    (e) If an order is appealed, the commission or its designee shallconduct all administrative proceedings under IC 4-21.5. In itsproceedings, the commission may modify the order to impose anyrequirement authorized under this article or reverse the order.
As added by P.L.245-1987, SEC.1.

IC 22-12-7-13
Applications for court orders
    Sec. 13. In lieu of issuing an administrative order, the appropriateperson under section 1 of this chapter may apply for an order froma circuit or superior court in the county in which a person takes asubstantial step toward violating a law or a violation occurs.
As added by P.L.245-1987, SEC.1.

IC 22-12-7-14
Injunctions; restraining orders
    Sec. 14. Upon a showing that a person has:
        (1) taken a substantial step toward violating a law; or
        (2) violated a law;
the court may grant without bond an injunction, restraining order, orother appropriate order.As added by P.L.245-1987, SEC.1.