IC 14-24-11-1 Prohibitions
Sec. 1. A person who does any of the following violates this
article:
(1) Sells, barters, or gives away a plant that contains a pest or
pathogen that is likely to cause harm.
(2) Exposes an element of beekeeping to the danger of other
bees or elements of beekeeping infected with disease.
(3) Conceals the presence of a pest or pathogen.
(4) Refuses to allow the department to inspect a site that the
department is authorized to inspect under this article.
(5) Hinders or impedes the department in performing the
department's duties under this article.
(6) Violates any of the following:
(A) This article.
(B) A rule adopted under this article.
(C) A notice or an order issued under this article or under
IC 14-7 (before its repeal). As added by P.L.1-1995, SEC.17.
IC 14-24-11-2 Revocation of permit, certification, or other authorization
Sec. 2. The commission may revoke a permit, certification, or
other authorization issued under this article if the commission finds
at least one (1) of the following:
(1) The permit, certification, or other authorization was issued
as a result of fraud or misrepresentation by the recipient.
(2) The person who holds the permit, certification, or other
authorization has violated any of the following:
(A) This article.
(B) A rule adopted under this article. As added by P.L.1-1995, SEC.17.
IC 14-24-11-3 Civil action to restrain violations
Sec. 3. The commission may bring a civil action in the name of
the state through the attorney general, in a circuit or superior court
having jurisdiction in a county in which the property involved is
located or in which a person resides, to restrain the person from
commencing or continuing to violate any of the following:
(1) This article.
(2) A rule adopted under this article.
(3) An order entered under this article or under IC 14-7 (before
its repeal). As added by P.L.1-1995, SEC.17.
IC 14-24-11-4 Violations
Sec. 4. (a) Except as provided in subsections (b) and (c), a person
that knowingly violates this article commits a Class C infraction.
(b) A person, other than the state or a political subdivision of the
state, that recklessly disturbs or molests an apiary, a honeybee hive,
a honeybee colony, or other honeybee habitat, natural or manmade,
without the permission of the owner commits a Class B
misdemeanor.
(c) A person who recklessly or knowingly introduces a pest or
pathogen into Indiana without a permit issued under:
(1) IC 14-7-9-2 (before its repeal); or
(2) IC 14-24-9-2;
commits a Class A infraction.
(d) Each day a violation occurs under this section is a separate
offense. As added by P.L.1-1995, SEC.17.
IC 14-24-11-5 Assessment of expenses
Sec. 5. If an order is issued:
(1) under this article or under IC 14-7 (before its repeal); or
(2) as a result of an administrative proceeding under this article
or IC 14-7 (before its repeal);
the court or the director may assess against a party to the proceeding
the costs and expenses, including attorney's fees, incurred by the
person with respect to the proceedings, including a judicial review
of a final agency action. The award of attorney's fees shall be based
on a schedule of attorney's fees established by rules of the
commission. As added by P.L.1-1995, SEC.17.
IC 14-24-11-1 Prohibitions
Sec. 1. A person who does any of the following violates this
article:
(1) Sells, barters, or gives away a plant that contains a pest or
pathogen that is likely to cause harm.
(2) Exposes an element of beekeeping to the danger of other
bees or elements of beekeeping infected with disease.
(3) Conceals the presence of a pest or pathogen.
(4) Refuses to allow the department to inspect a site that the
department is authorized to inspect under this article.
(5) Hinders or impedes the department in performing the
department's duties under this article.
(6) Violates any of the following:
(A) This article.
(B) A rule adopted under this article.
(C) A notice or an order issued under this article or under
IC 14-7 (before its repeal). As added by P.L.1-1995, SEC.17.
IC 14-24-11-2 Revocation of permit, certification, or other authorization
Sec. 2. The commission may revoke a permit, certification, or
other authorization issued under this article if the commission finds
at least one (1) of the following:
(1) The permit, certification, or other authorization was issued
as a result of fraud or misrepresentation by the recipient.
(2) The person who holds the permit, certification, or other
authorization has violated any of the following:
(A) This article.
(B) A rule adopted under this article. As added by P.L.1-1995, SEC.17.
IC 14-24-11-3 Civil action to restrain violations
Sec. 3. The commission may bring a civil action in the name of
the state through the attorney general, in a circuit or superior court
having jurisdiction in a county in which the property involved is
located or in which a person resides, to restrain the person from
commencing or continuing to violate any of the following:
(1) This article.
(2) A rule adopted under this article.
(3) An order entered under this article or under IC 14-7 (before
its repeal). As added by P.L.1-1995, SEC.17.
IC 14-24-11-4 Violations
Sec. 4. (a) Except as provided in subsections (b) and (c), a person
that knowingly violates this article commits a Class C infraction.
(b) A person, other than the state or a political subdivision of the
state, that recklessly disturbs or molests an apiary, a honeybee hive,
a honeybee colony, or other honeybee habitat, natural or manmade,
without the permission of the owner commits a Class B
misdemeanor.
(c) A person who recklessly or knowingly introduces a pest or
pathogen into Indiana without a permit issued under:
(1) IC 14-7-9-2 (before its repeal); or
(2) IC 14-24-9-2;
commits a Class A infraction.
(d) Each day a violation occurs under this section is a separate
offense. As added by P.L.1-1995, SEC.17.
IC 14-24-11-5 Assessment of expenses
Sec. 5. If an order is issued:
(1) under this article or under IC 14-7 (before its repeal); or
(2) as a result of an administrative proceeding under this article
or IC 14-7 (before its repeal);
the court or the director may assess against a party to the proceeding
the costs and expenses, including attorney's fees, incurred by the
person with respect to the proceedings, including a judicial review
of a final agency action. The award of attorney's fees shall be based
on a schedule of attorney's fees established by rules of the
commission. As added by P.L.1-1995, SEC.17.
IC 14-24-11-1 Prohibitions
Sec. 1. A person who does any of the following violates this
article:
(1) Sells, barters, or gives away a plant that contains a pest or
pathogen that is likely to cause harm.
(2) Exposes an element of beekeeping to the danger of other
bees or elements of beekeeping infected with disease.
(3) Conceals the presence of a pest or pathogen.
(4) Refuses to allow the department to inspect a site that the
department is authorized to inspect under this article.
(5) Hinders or impedes the department in performing the
department's duties under this article.
(6) Violates any of the following:
(A) This article.
(B) A rule adopted under this article.
(C) A notice or an order issued under this article or under
IC 14-7 (before its repeal). As added by P.L.1-1995, SEC.17.
IC 14-24-11-2 Revocation of permit, certification, or other authorization
Sec. 2. The commission may revoke a permit, certification, or
other authorization issued under this article if the commission finds
at least one (1) of the following:
(1) The permit, certification, or other authorization was issued
as a result of fraud or misrepresentation by the recipient.
(2) The person who holds the permit, certification, or other
authorization has violated any of the following:
(A) This article.
(B) A rule adopted under this article. As added by P.L.1-1995, SEC.17.
IC 14-24-11-3 Civil action to restrain violations
Sec. 3. The commission may bring a civil action in the name of
the state through the attorney general, in a circuit or superior court
having jurisdiction in a county in which the property involved is
located or in which a person resides, to restrain the person from
commencing or continuing to violate any of the following:
(1) This article.
(2) A rule adopted under this article.
(3) An order entered under this article or under IC 14-7 (before
its repeal). As added by P.L.1-1995, SEC.17.
IC 14-24-11-4 Violations
Sec. 4. (a) Except as provided in subsections (b) and (c), a person
that knowingly violates this article commits a Class C infraction.
(b) A person, other than the state or a political subdivision of the
state, that recklessly disturbs or molests an apiary, a honeybee hive,
a honeybee colony, or other honeybee habitat, natural or manmade,
without the permission of the owner commits a Class B
misdemeanor.
(c) A person who recklessly or knowingly introduces a pest or
pathogen into Indiana without a permit issued under:
(1) IC 14-7-9-2 (before its repeal); or
(2) IC 14-24-9-2;
commits a Class A infraction.
(d) Each day a violation occurs under this section is a separate
offense. As added by P.L.1-1995, SEC.17.
IC 14-24-11-5 Assessment of expenses
Sec. 5. If an order is issued:
(1) under this article or under IC 14-7 (before its repeal); or
(2) as a result of an administrative proceeding under this article
or IC 14-7 (before its repeal);
the court or the director may assess against a party to the proceeding
the costs and expenses, including attorney's fees, incurred by the
person with respect to the proceedings, including a judicial review
of a final agency action. The award of attorney's fees shall be based
on a schedule of attorney's fees established by rules of the
commission. As added by P.L.1-1995, SEC.17.
