CHAPTER 2. APPLICATION
IC 4-21.5-2
Chapter 2. Application
IC 4-21.5-2-1
Minimum rights and duties
Sec. 1. This article creates minimum procedural rights andimposes minimum procedural duties.
As added by P.L.18-1986, SEC.1.
IC 4-21.5-2-2
Waiver of rights and duties
Sec. 2. Except to the extent precluded by a law, a person maywaive any right conferred upon that person by this article. Thissection does not permit the waiver of any procedural duty imposedby this article.
As added by P.L.18-1986, SEC.1.
IC 4-21.5-2-3
Application of law
Sec. 3. This article applies to an agency, except to the extent thata statute clearly and specifically provides otherwise. This articleapplies (to the extent that a statute other than this article specificallyapplies this article) to a class of otherwise exempt orders or one (1)or more stages of an otherwise exempt proceeding.
As added by P.L.18-1986, SEC.1.
IC 4-21.5-2-4
Exemptions
Sec. 4. (a) This article does not apply to any of the followingagencies:
(1) The governor.
(2) The state board of accounts.
(3) The state educational institutions.
(4) The department of workforce development.
(5) The unemployment insurance review board of thedepartment of workforce development.
(6) The worker's compensation board of Indiana.
(7) The military officers or boards.
(8) The Indiana utility regulatory commission.
(9) The department of state revenue (excluding an agencyaction related to the licensure of private employment agencies).
(10) The department of local government finance.
(11) The Indiana board of tax review.
(b) This article does not apply to action related to railroad rate andtariff regulation by the Indiana department of transportation.
As added by P.L.18-1986, SEC.1. Amended by P.L.18-1987, SEC.5;P.L.28-1988, SEC.1; P.L.18-1990, SEC.7; P.L.21-1995, SEC.7;P.L.198-2001, SEC.1; P.L.256-2003, SEC.1; P.L.188-2003, SEC.1;P.L.91-2006, SEC.1; P.L.2-2007, SEC.51; P.L.219-2007, SEC.3.
IC 4-21.5-2-5
Exemptions; agency actions
Sec. 5. This article does not apply to the following agency actions:
(1) The issuance of a warrant or jeopardy warrant for thecollection of taxes.
(2) A determination of probable cause or no probable cause bythe civil rights commission.
(3) A determination in a factfinding conference of the civilrights commission.
(4) A personnel action, except review of a personnel action bythe state employees appeals commission under IC 4-15-2 or apersonnel action that is not covered by IC 4-15-2 but may betaken only for cause.
(5) A resolution, directive, or other action of any agency thatrelates solely to the internal policy, organization, or procedureof that agency or another agency and is not a licensing orenforcement action. Actions to which this exemption appliesinclude the statutory obligations of an agency to approve orratify an action of another agency.
(6) An agency action related to an offender within thejurisdiction of the department of correction.
(7) A decision of the Indiana economic developmentcorporation, the office of tourism development, the departmentof environmental management, the tourist information and grantfund review committee (before the repeal of the statute thatcreated the tourist information and grant fund reviewcommittee), the Indiana finance authority, the corporation forinnovation development, or the lieutenant governor thatconcerns a grant, loan, bond, tax incentive, or financialguarantee.
(8) A decision to issue or not issue a complaint, summons, orsimilar accusation.
(9) A decision to initiate or not initiate an inspection,investigation, or other similar inquiry that will be conducted bythe agency, another agency, a political subdivision, including aprosecuting attorney, a court, or another person.
(10) A decision concerning the conduct of an inspection,investigation, or other similar inquiry by an agency.
(11) The acquisition, leasing, or disposition of property orprocurement of goods or services by contract.
(12) Determinations of the department of workforcedevelopment under IC 22-4-18-1(g)(1) or IC 22-4-41.
(13) A decision under IC 9-30-12 of the bureau of motorvehicles to suspend or revoke a driver's license, a driver'spermit, a vehicle title, or a vehicle registration of an individualwho presents a dishonored check.
(14) An action of the department of financial institutions underIC 28-1-3.1 or a decision of the department of financialinstitutions to act under IC 28-1-3.1.
(15) A determination by the NVRA official under IC 3-7-11
concerning an alleged violation of the National VoterRegistration Act of 1993 (42 U.S.C. 1973gg) or IC 3-7.
(16) Imposition of a civil penalty under IC 4-20.5-6-8 if therules of the Indiana department of administration provide anadministrative appeals process.
(17) A determination of status as a member of or participant inan environmental performance based program developed andimplemented under IC 13-27-8.
As added by P.L.18-1986, SEC.1. Amended by P.L.29-1988, SEC.1;P.L.3-1989, SEC.23; P.L.35-1989, SEC.1; P.L.1-1990, SEC.34;P.L.23-1990, SEC.1; P.L.11-1990, SEC.103; P.L.10-1991, SEC.6;P.L.2-1991, SEC.20; P.L.11-1991, SEC.20; P.L.12-1995, SEC.95;P.L.21-1995, SEC.8; P.L.2-1996, SEC.211; P.L.172-1999, SEC.10;P.L.4-2005, SEC.19; P.L.229-2005, SEC.1; P.L.235-2005, SEC.60;P.L.1-2006, SEC.70; P.L.161-2006, SEC.1; P.L.100-2006, SEC.1;P.L.1-2007, SEC.16.
IC 4-21.5-2-6
Inapplicablility to certain formulation, issuance, andadministrative review
Sec. 6. This article does not apply to the formulation, issuance, oradministrative review (but does apply to the judicial review and civilenforcement) of any of the following:
(1) Except as provided in IC 12-17.2-4-18.7 andIC 12-17.2-5-18.7, determinations by the division of familyresources and the department of child services.
(2) Determinations by the alcohol and tobacco commission.
(3) Determinations by the office of Medicaid policy andplanning concerning recipients and applicants of Medicaid.However, this article does apply to determinations by the officeof Medicaid policy and planning concerning providers.
As added by P.L.18-1986, SEC.1. Amended by P.L.2-1992, SEC.37;P.L.23-1992, SEC.1; P.L.1-1993, SEC.20; P.L.204-2001, SEC.5;P.L.198-2001, SEC.2; P.L.1-2002, SEC.9; P.L.241-2003, SEC.1;P.L.234-2005, SEC.1; P.L.219-2007, SEC.4.