IC 4-21.5-6
    Chapter 6. Civil Enforcement

IC 4-21.5-6-1
Court order for enforcement
    Sec. 1. In addition to any other remedy provided by law:
        (1) an agency in its own name;
        (2) an agency in the name of the state;
        (3) the attorney general in the name of the attorney general; or
        (4) the attorney general in the name of the state at the request ofan agency;
may apply for a court order in a circuit or superior court to enforcean order issued under this article by a verified petition for civilenforcement.
As added by P.L.18-1986, SEC.1.

IC 4-21.5-6-2
Enforcement of subpoenas, discovery orders, and protective orders
    Sec. 2. (a) This section applies only to the enforcement of asubpoena, discovery order, or protective order issued by an agencyunder this article.
    (b) Any party to a proceeding before an agency who has obtainedan order from an administrative law judge may apply for a courtorder in a circuit or superior court to enforce the subpoena or orderissued by an agency by a verified petition for civil enforcement.Notice of an application under this section shall be given:
        (1) to the administrative law judge issuing the order;
        (2) to the attorney general; and
        (3) to each party to the proceeding before the agency;
by personal service or by the United States mail at the time theapplication is filed.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.24.

IC 4-21.5-6-3
Civil actions
    Sec. 3. (a) This section does not apply to the enforcement of asubpoena, discovery order, or protective order issued by an agencyunder this article.
    (b) Nothing in this chapter limits or precludes civil action underIC 13-30-1.
    (c) Any party to a proceeding concerning an agency's order mayfile a petition for civil enforcement of that order.
    (d) The action may not be commenced under this section if:
        (1) less than sixty (60) days has elapsed since the petitionergave notice of the alleged violation and of the petitioner's intentto seek civil enforcement to the head of the agency concerned,to the attorney general, and to each alleged violator againstwhom the petitioner seeks civil enforcement;
        (2) the agency has filed and is diligently prosecuting a petitionfor civil enforcement of the same order against the same

defendant; or
        (3) a petition for review of the same order has been filed and ispending in court.
    (e) The petition under this section must name as defendants eachalleged violator against whom the petitioner seeks civil enforcement.
    (f) The agency whose order is sought to be enforced is not a partyto an action under this section unless the agency moves to intervene.The court shall grant an agency's motion to intervene and shall allowthe agency to intervene as a plaintiff or defendant.
    (g) The agency whose order is sought to be enforced under thissection may move to dismiss on the grounds that the petition fails toqualify under this section or that enforcement would be contrary tothe policy of the agency. The court shall grant the motion to dismissunless the petitioner demonstrates that:
        (1) the petition qualifies under this section; and
        (2) the agency's failure to enforce its order is based on anexercise of discretion that is improper on one (1) or more of thegrounds provided in IC 4-21.5-5-14.
    (h) Except to the extent expressly authorized by law, a petition forcivil enforcement filed under this section may not request, and thecourt may not grant, any monetary payment apart from taxable costs.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.25;P.L.1-1996, SEC.26.

IC 4-21.5-6-4
Naming violators required
    Sec. 4. A petition for civil enforcement must name as defendantseach alleged violator against whom the party seeks to obtain civilenforcement.
As added by P.L.18-1986, SEC.1.

IC 4-21.5-6-5
Venue
    Sec. 5. Venue is determined in accordance with the rulesgoverning civil actions in the courts.
As added by P.L.18-1986, SEC.1.

IC 4-21.5-6-6
Relief granted
    Sec. 6. Upon a showing that a person has violated an order issuedunder this article, the court may grant:
        (1) an injunction requested by any petitioner without bond;
        (2) a restraining order or any appropriate relief other than aninjunction requested by a petitioner under section 1 of thischapter without bond;
        (3) a subpoena, discovery order, or protective order requestedunder section 2 of this chapter without a bond; or
        (4) a restraining order or any appropriate relief other than aninjunction requested by a petitioner under section 3 of thischapter with the bond specified by the court.As added by P.L.18-1986, SEC.1.

IC 4-21.5-6-7
Appeal
    Sec. 7. Decisions on petitions for civil enforcement are appealablein accordance with the rules governing civil appeals from the courts.
As added by P.L.18-1986, SEC.1.