CHAPTER 2. OFFICERS AND EMPLOYEES
IC 7.1-2-2
Chapter 2. Officers and Employees
IC 7.1-2-2-1
Office of prosecutor created
Sec. 1. Office of Prosecutor Created. There is hereby createdwithin the commission a division to be known as the "Office of theProsecutor."
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-2-2
Qualifications and appointment
Sec. 2. The prosecutor shall be appointed by the governor for aterm of four (4) years to be served at the pleasure of the governor.The prosecutor shall be a resident of the state and a practicingmember of the Indiana bar.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.224-2005,SEC.1.
IC 7.1-2-2-3
Bond and oath of office
Sec. 3. Bond and Oath of Office. The prosecutor shall execute asurety bond in the amount of five thousand dollars ($5,000), withsurety approved by the governor, and an oath of office, both of whichshall be filed in the office of the secretary of state.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-2-4
Compensation
Sec. 4. Compensation. As compensation for services, theprosecutor shall receive an annual salary to be fixed in the samemanner that the salaries of other state officials are fixed. In additionto the annual salary, the prosecutor shall be reimbursed for travelingand other expenses necessarily incurred while away from his officecarrying out his duties as prosecutor.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-2-5
Prosecutor; powers and duties
Sec. 5. Prosecutor: Powers and Duties. The prosecutor shall havethe following powers and duties:
(a) To prosecute before the commission all violations of lawspertaining to alcohol, alcoholic beverages, and tobacco, includingviolations pertaining to tobacco vending machines;
(b) To prosecute before the commission all violations of the rulesand regulations of the commission;
(c) To assist the prosecuting attorneys of the various judicialcircuits in the investigation and prosecution of violations of lawspertaining to alcohol, alcoholic beverages, and tobacco, includingviolations pertaining to tobacco vending machines, and to represent
the state in these matters;
(d) To appear before grand juries to assist in their investigationsinto matters pertaining to alcohol, alcoholic beverages, and tobacco,including matters pertaining to tobacco vending machines;
(e) To establish a seal of his office;
(f) To administer oaths and to do all other acts authorized by lawfor notaries public; and,
(g) To employ, with the consent of the commission and at salariesfixed by the commission in their budget, the clerical staff required byhim to effectively discharge his duties.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.250-2003,SEC.6.
IC 7.1-2-2-6
Office space and expenses
Sec. 6. Office Space and Expenses. The commission shall providethe prosecutor with appropriate office space and all necessary officesupplies and services. All claims for salaries and necessary expensesof the office of the prosecutor shall be allowed and approved by thecommission and shall be paid from the enforcement andadministration fund of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-2-7
Executive secretary
Sec. 7. Executive Secretary. The commission, with the consent ofthe governor, shall employ an executive secretary to aid thecommission in the efficient administration of its powers and duties.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-2-8
Enforcement officer; appointments
Sec. 8. (a) The commission may employ qualified individuals toserve as enforcement officers of the commission.
(b) The superintendent of the enforcement officers must have hadat least ten (10) years experience as an active law enforcementofficer, at least five (5) years of which must have been in amanagement capacity.
(c) The commission shall issue to an enforcement officer acertificate of employment under the seal of the commission. Thecourts of this state shall take judicial notice of a certificate ofemployment.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,SEC.20; P.L.94-2008, SEC.4.
IC 7.1-2-2-9
Enforcement officer; powers and duties
Sec. 9. (a) An enforcement officer is vested with full policepowers and duties to enforce:
(1) the provisions of this title; (2) any other law of this state relating to alcohol or alcoholicbeverages; and
(3) tobacco laws, including tobacco vending machines.
(b) An enforcement officer may issue a summons for infraction ormisdemeanor violations if the defendant promises to appear bysigning the summons. A defendant who fails to appear is subject tothe penalties provided by IC 35-44-3-6.5. Upon failure to appear, thecourt shall issue a warrant for the arrest of the defendant.
(c) In addition to the authority of an enforcement officer undersubsection (a), an enforcement officer may act as an officer for thearrest of offenders against the laws of this state if the enforcementofficer reasonably believes that a crime is or is about to becommitted or attempted in the enforcement officer's presence.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1979,P.L.83, SEC.1; P.L.84-1985, SEC.1; P.L.256-1996, SEC.1;P.L.177-1999, SEC.4.
IC 7.1-2-2-10
Enforcement officer; bond and oath of office
Sec. 10. Enforcement Officers: Bond and Oath of Office. Eachenforcement officer shall execute a surety bond in the amount of onethousand dollars ($1,000), with surety approved by the commission,and an oath of office, both of which shall be filed with the executivesecretary of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-2-11
Enforcement officer; worker's compensation and occupationaldisease
Sec. 11. (a) The injury to, the injury to the health of, or the deathof, an enforcement officer shall be compensable under theappropriate provisions of IC 22-3-2 through IC 22-3-7 if the injury,injury to the health, or death, arises out of, and in the course of, theperformance of the officer's duties as an enforcement officer.
(b) For the purposes of subsection (a), and of IC 22-3-2 throughIC 22-3-7, an enforcement officer shall be conclusively presumed tohave accepted the compensation provisions provided in them.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.28-1988,SEC.3.
IC 7.1-2-2-11.5
Retired law enforcement officer; retention of service weapon;badge and identification card
Sec. 11.5. An eligible enforcement officer who retires with at leasttwenty (20) years of service as an enforcement officer may retain theofficer's service weapon. The officer is entitled to receive, inrecognition of the officer's service to the commission and to thepublic, a badge that indicates that the officer is retired. Thecommission shall issue the officer who is retiring an identificationcard stating the officer's name and rank, signifying that the officer is
retired, and noting the officer's authority to retain the serviceweapon.
As added by P.L.1-1992, SEC.27.
IC 7.1-2-2-12
Employees; discharge of non-probationary enforcement officer
Sec. 12. (a) The commission shall have the power to employ andremove at will all necessary clerks, stenographers, bookkeepers,auditors, accountants, assistants of any nature, and other employees,and to fix their duties, authorities, and, with proper approval, theircompensation.
(b) The superintendent of the enforcement officers may dischargea non-probationary enforcement officer for just cause. Thecommission shall adopt rules to establish a procedure for theadjudication of the propriety of the discharge of a non-probationaryenforcement officer.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.347-1995,SEC.1.
IC 7.1-2-2-13
Enforcement officers; salaries
Sec. 13. (a) The alcohol and tobacco commission shall categorizesalaries of enforcement officers within each rank based upon the rankheld and the number of years of service in the commission throughthe twentieth year. The salary ranges that the board assigns to eachrank shall be divided into a base salary and twenty (20) incrementsabove the base salary with:
(1) the base salary in the rank paid to a person with less thanone (1) year of service in the commission; and
(2) the highest salary in the rank paid to a person with at leasttwenty (20) years of service in the commission.
(b) The salary matrix prescribed by this section shall be reviewedand approved by the budget agency before implementation.
(c) The salary matrix prescribed by this section must have paritywith the salary matrix prescribed by the natural resourcescommission under IC 14-9-8 for conservation officers of thedepartment of natural resources. The budget agency shall approve asalary matrix that meets the parity requirement of this subsection.
As added by P.L.1-1999, SEC.19. Amended by P.L.204-2001,SEC.21; P.L.234-2007, SEC.305.