CHAPTER 15. ENTERPRISE ZONES
IC 5-28-15
Chapter 15. Enterprise Zones
IC 5-28-15-1
"High technology business operations"; "advanced computing";"advanced materials"; "biotechnology"; "electronic devicetechnology"; "environmental technology"; "medical devicetechnology"
Sec. 1. (a) As used in this chapter, "high technology businessoperations" means the operations in Indiana of a business engaged inthe following:
(1) Advanced computing.
(2) Creation of advanced materials.
(3) Biotechnology.
(4) Electronic device technology.
(5) Environmental technology.
(6) Medical device technology.
(b) For purposes of this section, "advanced computing" meanstechnology used in the designing and developing of computinghardware and software, including innovations in designing the fullrange of hardware from hand held calculators to supercomputers andperipheral equipment.
(c) For purposes of this section, "advanced materials" meansmaterials with engineered properties created through thedevelopment of specialized processing and synthesis technology,including ceramics, high value added metals, electronic materials,composites, polymers, and biomaterials.
(d) For purposes of this section, "biotechnology" means thecontinually expanding body of fundamental knowledge about thefunctioning of biological systems from the macro level to themolecular and subatomic levels, as well as novel products, services,technologies, and subtechnologies developed as a result of insightsgained from research advances that add to that body of fundamentalknowledge.
(e) For purposes of this section, "electronic device technology"means technology involving any of the following:
(1) Microelectronics.
(2) Semiconductors.
(3) Electronic equipment.
(4) Instrumentation.
(5) Radio frequency waves.
(6) Microwaves.
(7) Millimeter electronics.
(8) Optical and optic electrical devices.
(9) Data and digital communications.
(10) Imaging devices.
(f) For purposes of this section, "environmental technology"means any of the following:
(1) The assessment and prevention of threats or damage tohuman health or the environment. (2) Environmental cleanup.
(3) The development of alternative energy sources.
(g) For purposes of this section, "medical device technology"means technology involving any medical equipment or product (otherthan a pharmaceutical product) that has therapeutic value ordiagnostic value and is regulated by the federal Food and DrugAdministration.
As added by P.L.4-2005, SEC.34.
IC 5-28-15-2
"U.E.A."
Sec. 2. As used in this chapter, "U.E.A." refers to an urbanenterprise association established under section 13 of this chapter.
As added by P.L.4-2005, SEC.34.
IC 5-28-15-3
"Zone business"
Sec. 3. As used in this chapter, "zone business" means an entitythat accesses at least one (1) tax credit, deduction, or exemptionincentive available under this chapter, IC 6-1.1-45, IC 6-3-3-10,IC 6-3.1-7, or IC 6-3.1-10.
As added by P.L.4-2005, SEC.34. Amended by P.L.214-2005, SEC.7;P.L.146-2008, SEC.41.
IC 5-28-15-4
Incentives not available to certain licensees; exceptions
Sec. 4. (a) Except as provided in subsection (b):
(1) a package liquor store that holds a liquor dealer's permitunder IC 7.1-3-10; or
(2) any other entity that is required to operate under a licenseissued under IC 7.1;
is not eligible for incentives available to zone businesses.
(b) Subsection (a) does not apply to the recipient of an incentiveif:
(1) the recipient entered into a written agreement concerning theincentive under IC 4-4-6.1-8 (transferred to section 17 of thischapter) before July 1, 1995;
(2) the recipient is described in:
(A) IC 7.1-3-3-1;
(B) IC 7.1-3-8-1;
(C) IC 7.1-3-13-1; or
(D) IC 7.1-5-7-11; or
(3) the recipient:
(A) holds a license under IC 7.1; and
(B) receives at least sixty percent (60%) of the recipient'sannual revenue from retail food sales.
As added by P.L.4-2005, SEC.34.
IC 5-28-15-5
Powers of board; assistance by zone businesses Sec. 5. (a) The board has the following powers, in addition toother powers that are contained in this chapter:
(1) To review and approve or reject all applicants for enterprisezone designation, according to the criteria for designation thatthis chapter provides.
(2) To waive or modify rules as provided in this chapter.
(3) To provide a procedure by which enterprise zones may bemonitored and evaluated on an annual basis.
(4) To adopt rules for the disqualification of a zone businessfrom eligibility for any or all incentives available to zonebusinesses, if that zone business does not do one (1) of thefollowing:
(A) If all its incentives, as contained in the summaryrequired under section 7 of this chapter, exceed onethousand dollars ($1,000) in any year, pay a registration feeto the board in an amount equal to one percent (1%) of all itsincentives.
(B) Use all its incentives, except for the amount of theregistration fee, for its property or employees in the zone.
(C) Remain open and operating as a zone business for twelve(12) months of the assessment year for which the incentiveis claimed.
(5) To disqualify a zone business from eligibility for any or allincentives available to zone businesses in accordance with theprocedures set forth in the board's rules.
(6) After a recommendation from a U.E.A., to modify anenterprise zone boundary if the board determines that themodification:
(A) is in the best interests of the zone; and
(B) meets the threshold criteria and factors set forth insection 9 of this chapter.
(7) To employ staff and contract for services.
(8) To receive funds from any source and expend the funds forthe administration and promotion of the enterprise zoneprogram.
(9) To make determinations under IC 6-3.1-11 concerning thedesignation of locations as industrial recovery sites.
(10) To make determinations under IC 6-3.1-11 concerning thedisqualification of persons from claiming credits provided bythat chapter in appropriate cases.
(11) To make determinations under IC 6-3.1-11.5 concerningthe designation of locations as military base recovery sites andthe availability of the credit provided by IC 6-3.1-11.5 topersons making qualified investments in military base recoverysites.
(12) To make determinations under IC 6-3.1-11.5 concerningthe disqualification of persons from claiming the creditprovided by IC 6-3.1-11.5 in appropriate cases.
(b) In addition to a registration fee paid under subsection(a)(4)(A), each zone business that receives an incentive described in
section 3 of this chapter shall assist the zone U.E.A. in an amountdetermined by the legislative body of the municipality in which thezone is located. If a zone business does not assist a U.E.A., thelegislative body of the municipality in which the zone is located maypass an ordinance disqualifying a zone business from eligibility forall credits or incentives available to zone businesses. If a legislativebody disqualifies a zone business under this subsection, thelegislative body shall notify the board, the department of localgovernment finance, and the department of state revenue in writingnot more than thirty (30) days after the passage of the ordinancedisqualifying the zone business. Disqualification of a zone businessunder this section is effective beginning with the taxable year inwhich the ordinance disqualifying the zone business is adopted.
As added by P.L.4-2005, SEC.34. Amended by P.L.214-2005, SEC.8;P.L.146-2008, SEC.42.
IC 5-28-15-6
Enterprise zone fund
Sec. 6. (a) The enterprise zone fund is established within the statetreasury.
(b) The fund consists of:
(1) the revenue from the registration fee required under section5 of this chapter; and
(2) appropriations from the general assembly.
(c) The corporation shall administer the fund. The fund may beused to:
(1) pay the expenses of administering the fund;
(2) pay nonrecurring administrative expenses of the enterprisezone program;
(3) provide grants to U.E.A.s for brownfield remediation inenterprise zones; and
(4) pay administrative expenses of urban enterpriseassociations.
However, money in the fund may not be expended unless it has beenappropriated by the general assembly and allotted by the budgetagency.
(d) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public funds may be invested. Interest that accruesfrom these investments shall be deposited in the state general fund.
(e) Money in the fund at the end of a state fiscal year does notrevert to the state general fund. The corporation shall developappropriate applications and may develop grant allocation guidelines,without complying with IC 4-22-2, for awarding grants under thissubsection. The grant allocation guidelines must take intoconsideration the competitive impact of brownfield redevelopmentplans on existing zone businesses.
As added by P.L.4-2005, SEC.34. Amended by P.L.214-2005, SEC.9.
IC 5-28-15-7
Annual summary of tax credits and exemptions claimed andsubmission of payment; extension of time; waiver of incentives andother sanctions for noncompliance
Sec. 7. (a) Subject to subsections (c) and (d), a zone business thatclaims any of the incentives available to zone businesses shall, byletter postmarked before June 1 of each year:
(1) submit to the board and to the zone U.E.A., on a formprescribed by the board, a verified summary concerning theamount of tax credits and exemptions claimed by the businessin the preceding year; and
(2) pay the amount specified in section 5(a)(4) of this chapterto the board.
(b) In order to determine the accuracy of the summary submittedunder subsection (a), the board is entitled to obtain copies of a zonebusiness's tax records directly from the department of state revenue,the department of local government finance, or a county official,notwithstanding any other law. A summary submitted to a board orzone U.E.A. or a record obtained by the board under this section isconfidential. A board member, a U.E.A. member, or an agent of aboard member or U.E.A. member who knowingly or intentionallydiscloses information that is confidential under this section commitsa Class A misdemeanor.
(c) The board may grant one (1) extension of the time allowed tocomply with subsection (a) under the provisions of this subsection.To qualify for an extension, a zone business must apply to the boardby letter postmarked before June 1. The application must be in theform specified by the board. The extension may not exceed forty-five(45) days under rules adopted by the board under IC 4-22-2.
(d) If a zone business that did not comply with subsection (a)before June 1 and did not file for an extension under subsection (c)before June 1 complies with subsection (a) before July 16, theamount of the tax credit and exemption incentives for the precedingyear that were otherwise available to the zone business because thebusiness was a zone business are waived, unless the zone businesspays to the board a penalty of fifteen percent (15%) of the amount ofthe tax credit and exemption incentives for the preceding year thatwere otherwise available to the zone business because the businesswas a zone business. A zone business that pays a penalty under thissubsection for a year must pay the penalty to the board before July16 of that year. The board shall deposit any penalty paymentsreceived under this subsection in the enterprise zone fund.
(e) This subsection is in addition to any other sanction imposed bysubsection (d) or any other law. If a zone business fails to complywith subsection (a) before July 16 and does not pay any penaltyrequired under subsection (d) by letter postmarked before July 16 ofthat year, the zone business is:
(1) denied all the tax credit and exemption incentives availableto a zone business because the business was a zone business forthat year; and (2) disqualified from further participation in the enterprise zoneprogram under this chapter until the zone business:
(A) petitions the board for readmission to the enterprise zoneprogram under this chapter; and
(B) pays a civil penalty of one hundred dollars ($100).
As added by P.L.4-2005, SEC.34.
IC 5-28-15-8
Request for records; confidentiality of records
Sec. 8. (a) This section applies to records and other information,including records and information that are otherwise confidential,maintained by the following:
(1) The board.
(2) A U.E.A.
(3) The department of state revenue.
(4) The corporation.
(5) The department of local government finance.
(6) A county auditor.
(7) A township assessor (if any).
(8) A county assessor.
(b) A person or an entity listed in subsection (a) may request asecond person or entity described in subsection (a) to provide anyrecords or other information maintained by the second person orentity that concern an individual or a business that is receiving a taxdeduction, exemption, or credit related to an enterprise zone.Notwithstanding any other law, the person or entity to whom therequest is made under this section must comply with the request. Aperson or entity receiving records or information under this sectionthat are confidential must also keep the records or informationconfidential.
(c) A person or an entity that receives confidential records orinformation under this section and knowingly or intentionallydiscloses the records or information to an unauthorized personcommits a Class A misdemeanor.
As added by P.L.4-2005, SEC.34. Amended by P.L.146-2008,SEC.43.
IC 5-28-15-9
Designation of enterprise zones; applications; evaluation criteriaand factors
Sec. 9. (a) The board may designate up to ten (10) enterprisezones, in addition to any enterprise zones the federal governmentmay designate in Indiana. The board may by seven (7) affirmativevotes increase the number of enterprise zones above ten (10), but itmay not add more than two (2) new zones each year (excluding anyzone that may be added by the board in a municipality in which apreviously designated zone has expired) and may not add any newzones after December 31, 2015. There may not be more than one (1)enterprise zone in any municipality.
(b) After approval by resolution of the legislative body, the
executive of any municipality that is not an included town underIC 36-3-1-7 may submit one (1) application to the board to have one(1) part of the municipality designated as an enterprise zone. If anapplication is denied, the executive may submit a new application.The board shall provide application procedures.
(c) The board shall evaluate an enterprise zone application if itfinds that the following threshold criteria exist in a proposed zone:
(1) A poverty level in which twenty-five percent (25%) of thehouseholds in the zone are below the poverty level asestablished by the most recent United States census or anaverage rate of unemployment for the most recent eighteen (18)month period for which data is available that is at least one andone-half (1 1/2) times the average statewide rate ofunemployment for the same eighteen (18) month period.
(2) A population of more than two thousand (2,000) but lessthan ten thousand five hundred (10,500).
(3) An area of more than three-fourths (3/4) of a square mile butless than four (4) square miles, with a continuous boundary(using natural, street, or highway barriers when possible)entirely within the applicant municipality. However, if the zoneincludes a parcel of property that:
(A) is owned by the municipality; and
(B) has an area of at least twenty-five (25) acres;
the area of the zone may be increased above the four (4) squaremile limitation by an amount not to exceed the area of themunicipally owned parcel.
(4) Property suitable for the development of a mix ofcommercial, industrial, and residential activities.
(5) The appointment of a U.E.A. that meets the requirements ofsection 13 of this chapter.
(6) A statement by the applicant indicating its willingness toprovide certain specified economic development incentives.
(d) If an applicant has met the threshold criteria of subsection (c),the board shall evaluate the application, arrive at a decision based onthe following factors, and either designate a zone or reject theapplication:
(1) Level of poverty, unemployment, and general distress of thearea in comparison with other applicant and nonapplicantmunicipalities and the expression of need for an enterprise zoneover and above the threshold criteria of subsection (c).
(2) Evidence of support for designation by residents,businesses, and private organizations in the proposed zone, andthe demonstration of a willingness among those zoneconstituents to participate in zone area revitalization.
(3) Efforts by the applicant municipality to reduce theimpediments to development in the zone area where necessary,including but not limited to the following:
(A) A procedure for streamlining local governmentregulations and permit procedures.
(B) Crime prevention activities involving zone residents. (C) A plan for infrastructure improvements capable ofsupporting increased development activity.
(4) Significant efforts to encourage the reuse of existing zonestructures in new development activities to preserve the existingcharacter of the neighborhood, where appropriate.
(5) The proposed managerial structure of the zone and thecapacity of the U.E.A. to carry out the goals and purposes ofthis chapter.
As added by P.L.4-2005, SEC.34.
IC 5-28-15-10
Expiration of enterprise zone; renewal
Sec. 10. (a) Subject to subsection (b), an enterprise zone expiresten (10) years after the day on which it is designated by the board.
(b) In the period beginning December 1, 2008, and endingDecember 31, 2014, an enterprise zone does not expire under thissection if the fiscal body of the municipality in which the enterprisezone is located adopts a resolution renewing the enterprise zone foran additional five (5) years. An enterprise zone may be renewedunder this subsection regardless of the number of times the enterprisezone has been renewed under subsections (c) and (d). A municipalfiscal body may adopt a renewal resolution and submit a copy of theresolution to the board:
(1) before August 1, 2009, in the case of an enterprise zone thatexpired after November 30, 2008, or is scheduled to expirebefore September 1, 2009; or
(2) at least thirty (30) days before the expiration date of theenterprise zone, in the case of an enterprise zone scheduled toexpire after August 31, 2009.
If an enterprise zone is renewed under this subsection after havingbeen renewed under subsection (d), the enterprise zone may not berenewed after the expiration of this final five (5) year period.
(c) The two (2) year period immediately before the day on whichthe enterprise zone expires is the phaseout period. During thephaseout period, the board may review the success of the enterprisezone based on the following criteria and may, with the consent of thebudget committee, renew the enterprise zone, including all provisionsof this chapter, for five (5) years:
(1) Increases in capital investment in the zone.
(2) Retention of jobs and creation of jobs in the zone.
(3) Increases in employment opportunities for residents of thezone.
(d) If an enterprise zone is renewed under subsection (c), the two(2) year period immediately before the day on which the enterprisezone expires is another phaseout period. During the phaseout period,the board may review the success of the enterprise zone based on thecriteria set forth in subsection (c) and, with the consent of the budgetcommittee, may again renew the enterprise zone, including allprovisions of this chapter, for a final period of five (5) years. Thezone may not be renewed after the expiration of this final five (5)
year period.
As added by P.L.4-2005, SEC.34. Amended by P.L.182-2009(ss),SEC.80; P.L.1-2010, SEC.19.
IC 5-28-15-11
Closed or inactive military base
Sec. 11. (a) Notwithstanding any other provision of this chapter,one (1) or more units (as defined in IC 36-1-2-23) may declare all orany part of a military base or another military installation that isinactive, closed, or scheduled for closure as an enterprise zone. Thedeclaration shall be made by a resolution of the legislative body ofthe unit that contains the geographic area being declared anenterprise zone. The legislative body must include in the resolutionthat a U.E.A. is created or designate another entity to function as theU.E.A. under this chapter. The resolution must also be approved bythe executive of the unit.
(b) If the resolution is approved, the executive shall file theresolution and the executive's approval with the board. If an entityother than a U.E.A. is designated to function as a U.E.A., the entity'sacceptance must be filed with the board along with the resolution.The enterprise zone designation is effective on the first day of themonth following the day the resolution is filed with the board.
(c) Establishment of an enterprise zone under this section is notsubject to the limit of two (2) new enterprise zones each year undersection 9(a) of this chapter.
As added by P.L.4-2005, SEC.34.
IC 5-28-15-12
Enlargement of enterprise zone
Sec. 12. The board may not approve the enlargement of anenterprise zone's geographic boundaries unless the area to beenlarged meets the criteria of economic distress set forth in section9(c)(1) of this chapter.
As added by P.L.4-2005, SEC.34.
IC 5-28-15-13
Urban enterprise associations; establishment
Sec. 13. (a) There is established in each applicant for designationas an enterprise zone and in each enterprise zone an urban enterpriseassociation (U.E.A). The twelve (12) members of the U.E.A. shall bechosen as follows:
(1) The governor shall appoint the following:
(A) One (1) state legislator whose district includes all or partof the enterprise zone.
(B) One (1) representative of the corporation, who is not avoting member of the U.E.A.
(2) The executive of the municipality in which the zone islocated shall appoint the following:
(A) One (1) representative of the plan commission havingjurisdiction over the zone, if any exists. (B) One (1) representative of the municipality's departmentthat performs planning or economic development functions.
(C) Two (2) representatives of businesses located in thezone, one (1) of whom shall be from a manufacturingconcern, if any exists in the zone.
(D) One (1) resident of the zone.
(E) One (1) representative of organized labor from thebuilding trades that represent construction workers.
(3) The legislative body of the municipality in which the zoneis located shall appoint, by majority vote, the following:
(A) One (1) member of the municipality's legislative bodywhose district includes all or part of the zone.
(B) One (1) representative of a business located in the zone.
(C) Two (2) residents of the zone, who must not be membersof the same political party.
(b) Members of the U.E.A. serve four (4) year terms. Theappointing authority shall fill any vacancy for the balance of thevacated term.
(c) Members may be dismissed only by the appointing authorityand only for just cause.
(d) The members shall elect a chairperson, a vice chairperson, anda secretary by majority vote. This election shall be held every two (2)years in the same month as the first meeting or whenever a vacancyoccurs. The U.E.A. shall meet at least once every three (3) months.The secretary shall notify members of meetings at least two (2)weeks in advance of meetings. The secretary shall provide a list ofmembers to each member and shall notify members of any changesin membership.
(e) If an applicant for designation as an enterprise zone does notreceive that designation, the U.E.A. in that municipality is dissolvedwhen the application is rejected.
As added by P.L.4-2005, SEC.34.
IC 5-28-15-14
Powers and duties of association
Sec. 14. (a) A U.E.A. shall do the following:
(1) Coordinate zone development activities.
(2) Serve as a catalyst for zone development.
(3) Promote the zone to outside groups and individuals.
(4) Establish a formal line of communication with residents andbusinesses in the zone.
(5) Act as a liaison between residents, businesses, themunicipality, and the board for any development activity thatmay affect the zone or zone residents.
(b) A U.E.A. may do the following:
(1) Initiate and coordinate any community developmentactivities that aid in the employment of zone residents, improvethe physical environment, or encourage the turnover orretention of capital in the zone. These additional activitiesinclude but are not limited to recommending to the municipality
the manner and purpose of expenditure of funds generatedunder IC 36-7-14-39(g) or IC 36-7-15.1-26(g).
(2) Recommend that the board modify a zone boundary ordisqualify a zone business from eligibility for one (1) or morebenefits or incentives available to zone businesses.
(3) Incorporate as a nonprofit corporation. Such a corporationmay continue after the expiration of the zone in accordancewith the general principles established by this chapter. A U.E.A.that incorporates as a nonprofit corporation under thissubdivision may purchase or receive real property from aredevelopment commission under IC 36-7-14-22.2 orIC 36-7-15.1-15.2.
(c) The U.E.A. may request, by majority vote, that the legislativebody of the municipality in which the zone is located modify orwaive any municipal ordinance or regulation that is in effect in thezone. The legislative body may, by ordinance, waive or modify theoperation of the ordinance or regulation, if the ordinance orregulation does not affect health (including environmental health),safety, civil rights, or employment rights.
(d) The U.E.A. may request, by majority vote, that the boardwaive or modify any state rule that is in effect in the zone. The boardshall review the request and may approve, modify, or reject therequest. Approval or modification by the board shall take place afterreview by the appropriate state agency. A modification may includebut is not limited to establishing different compliance or reportingrequirements, timetables, or exemptions in the zone for a business oran individual, to the extent that the modification does not adverselyaffect health (including environment health), safety, employmentrights, or civil rights. An approval or a modification of a state rule bythe board takes effect upon the approval of the governor. In no caseare the provisions of IC 22-2-2 and IC 22-7-1-2 mitigated by thischapter.
As added by P.L.4-2005, SEC.34.
IC 5-28-15-15
Eligibility of businesses relocating non-zone businesses;determination; hearing panel; order; criteria; exceptions;objections; final determination
Sec. 15. (a) Any business that substantially reduces or ceases anoperation located in Indiana and outside an enterprise zone (referredto as a nonzone operation) in order to relocate in an Indianaenterprise zone is disqualified from benefits or incentives availableto zone businesses. Determinations under this section shall be madeby a hearing panel composed of the chairperson of the board or thechairperson's designee, the commissioner of the department of staterevenue or the commissioner's designee, and the commissioner of thedepartment of local government finance or the commissioner'sdesignee. The panel, after an evidentiary hearing held subsequent tothe relocation of the business, shall submit a recommended order tothe board for its adoption. The recommended order shall be based on
the following criteria and subsection (b):
(1) A site specific economic activity, including sales, leasing,service, manufacturing, production, storage of inventory, or anyactivity involving permanent full-time or part-time employeesshall be considered a business operation.
(2) With respect to a nonzone operation, any of the followingthat occurs during the twelve (12) months before the completionof the physical relocation of all or part of the activity describedin subdivision (1) from the nonzone operation to the enterprisezone as compared with the twelve (12) months before thattwelve (12) months shall be considered a substantial reduction:
(A) A reduction in the average number of full-time orpart-time employees of the lesser of:
(i) one hundred (100) employees; or
(ii) twenty-five percent (25%) of all employees.
(B) A twenty-five percent (25%) reduction in the averagenumber of goods manufactured or produced.
(C) A twenty-five percent (25%) reduction in the averagevalue of services provided.
(D) A ten percent (10%) reduction in the average value ofstored inventory.
(E) A twenty-five percent (25%) reduction in the averageamount of gross income.
(b) Notwithstanding subsection (a), a business that wouldotherwise be disqualified under subsection (a) is eligible for benefitsand incentives available to zone businesses if each of the followingconditions is met:
(1) The business relocates its nonzone operation for any of thefollowing reasons:
(A) The lease on property necessary for the nonzoneoperation has been involuntarily lost through no fault of thebusiness.
(B) The space available at the location of the nonzoneoperation cannot accommodate planned expansion neededby the business.
(C) The building for the nonzone operation has beencertified as uninhabitable by a state or local buildingauthority.
(D) The building for the nonzone operation has been totallydestroyed through no fault of the business.
(E) The renovation and construction costs at the location ofthe nonzone operation are more than one and one-half (11/2) times the costs of purchase, renovation, andconstruction of a facility in the zone, as certified by three (3)independent estimates.
A business is eligible for benefits and incentives under clause(C) or (D) only if renovation and construction costs at thelocation of the nonzone operation are more than one andone-half (1 1/2) times the cost of purchase, renovation, andconstruction of a facility in the zone. These costs must be
certified by three (3) independent estimates.
(2) The business has not terminated or reduced the pension orhealth insurance obligations payable to employees or formeremployees of the nonzone operation without the consent of theemployees.
(c) The hearing panel shall cause to be delivered to the businessand to any person who testified before the panel in favor ofdisqualification of the business a copy of the panel's recommendedorder. The business and these persons shall be considered parties forpurposes of this section.
(d) A party who wishes to oppose the board's adoption of therecommended order of the hearing panel shall, not later than ten (10)days after the party's receipt of the recommended order, file writtenobjections with the board. If the objections are filed, the board shallset the objections for oral argument and give notice to the parties. Aparty at its own expense may cause to be filed with the board atranscript of the oral testimony or any other part of the record of theproceedings. The oral argument shall be on the record filed with theboard. The board may hear additional evidence or remand the actionto the hearing panel with instructions appropriate to the expeditiousand proper disposition of the action. The board may adopt therecommendations of the hearing panel, may amend or modify therecommendations, or may make an order or determination as isproper on the record.
(e) If no objections are filed, the board may adopt therecommended order without oral argument. If the board does notadopt the proposed findings of fact and recommended order, theparties shall be notified and the action shall be set for oral argumentas provided in subsection (d).
(f) The final determination made by the board shall be made by amajority of the quorum needed for board meetings.
As added by P.L.4-2005, SEC.34.
IC 5-28-15-16
Job training; residents of enterprise zone
Sec. 16. Whenever federal or state money is available for jobtraining purposes, considerations shall, to the extent possible, begiven to training residents of enterprise zones in industry specificskills relevant to a resident's particular zone.
As added by P.L.4-2005, SEC.34.
IC 5-28-15-17
State pledge and agreement
Sec. 17. The state pledges to and agrees with the direct recipientof any enterprise zone incentive under this chapter that the state willnot limit or alter the rights vested in the U.E.A. to fulfill the terms ofany agreements it makes with those recipients or in any way impairthe rights and remedies of those recipients until the terms of theincentive are fulfilled. The board may include this pledge andagreement of the state in any agreement it makes with the recipient.As added by P.L.4-2005, SEC.34.