IC 4-3-6
Chapter 6. Governor Authorized to Present Reorganization Plans
for State Agencies to the General Assembly
IC 4-3-6-1 Title of act
Sec. 1. This chapter shall be known and may be cited as the
"Reorganization Act of 1967". (Formerly: Acts 1967, c.9, s.1.) As amended by P.L.5-1984, SEC.9.
IC 4-3-6-2 Definitions
Sec. 2. As used in this chapter:
(1) "Agency" means any executive or administrative department,
commission, council, board, bureau, division, service, office, officer,
administration, or other establishment in the executive or
administrative branch of the state government not provided for by the
constitution. The term "agency" does not include the secretary of
state, the auditor of state, the treasurer of state, the lieutenant
governor, the state superintendent of public instruction, and the
attorney general, nor the departments of which they are, by the
statutes first adopted setting out their duties, the administrative
heads.
(2) "Reorganization" means:
(A) the transfer of the whole or any part of any agency, or of the
whole or any part of the functions thereof, to the jurisdiction
and control of any other agency;
(B) the abolition of all or any part of the functions of any
agency;
(C) the consolidation or coordination of the whole or any part
of any agency, or of the whole or any part of the functions
thereof, with the whole or any part of any other agency or the
functions thereof;
(D) the consolidation or coordination of any part of any agency
or the functions thereof with any other part of the same agency
or the functions thereof;
(E) the authorization of any officer to delegate any of his
functions; or
(F) the abolition of the whole or any part of any agency which
agency or part does not have, or upon the taking effect of a
reorganization plan will not have, any functions. (Formerly: Acts 1967, c.9, s.2.) As amended by P.L.5-1984, SEC.10.
IC 4-3-6-3 Purposes of reorganization
Sec. 3. (a) The governor shall examine, and from time to time
reexamine, the organization of all agencies of the state government,
and shall determine what changes therein are necessary to
accomplish the following purposes:
(1) To promote the better execution of the laws, the more
effective management of the executive and administrative
branch of the government and of its agencies and functions, and
expeditious administration of the public business.
(2) To reduce expenditures and promote economy to the fullest
extent consistent with the efficient operation of the government.
(3) To increase the efficiency of the operations of the
government to the fullest extent practicable.
(4) To group, coordinate, and consolidate agencies and
functions of the government, as nearly as possible according to
major purposes.
(5) To reduce the number of agencies by consolidating those
having similar functions under a single head, and to abolish
such agencies or functions thereof as may not be necessary for
the efficient conduct of the government.
(6) To eliminate overlapping and duplication of effort.
(7) To increase the control of the electorate over the policy
making functions of government.
(b) The general assembly declares that the public interest demands
the carrying out of the purposes specified in this section, and that
these purposes may be accomplished in great measure by proceeding
under the provisions of this chapter. (Formerly: Acts 1967, c.9, s.3.) As amended by P.L.5-1984, SEC.11.
IC 4-3-6-4 Governor; preparation of plan; message to general assembly
Sec. 4. Whenever the governor, after investigation, finds that:
(1) the transfer of the whole or any part of any agency, or of the
whole or any part of the functions thereof, to the jurisdiction
and control of any other agency;
(2) the abolition of all or any part of the functions of any
agency;
(3) the consolidation or coordination of the whole or any part of
any agency, or of the whole or any part of the functions thereof,
with the whole or any part of any other agency or the functions
thereof;
(4) the consolidation or coordination of any part of any agency
or the functions thereof with any other part of the same agency
or the functions thereof;
(5) the authorization of any officer to delegate any of that
officer's functions; or
(6) the abolition of the whole or any part of any agency which
agency or part does not have, or upon the taking effect of the
reorganization plan will not have any functions;
is necessary to accomplish one (1) or more of the purposes of this
chapter, the governor shall prepare a reorganization plan for
accomplishing the changes in government indicated by the governor's
findings included in the plan, and shall submit the plan in an
electronic format under IC 5-14-6 to the general assembly, together
with a declaration that, with respect to each reorganization included
in the plan the governor has found that the reorganization is
necessary to accomplish one (1) or more of the purposes of this
chapter. The governor, in the message submitting a reorganization
plan, shall specify, with respect to each abolition of a function
included in the plan, the statutory authority for the exercise of the
function, and shall specify the reduction of expenditures which it is
probable will be brought about by the taking effect of the
reorganizations included in the plan. (Formerly: Acts 1967, c.9, s.4.) As amended by P.L.5-1984, SEC.12;
P.L.17-1985, SEC.1; P.L.28-2004, SEC.15.
IC 4-3-6-5 Name of agencies; personnel; transfer of records and property;
unexpended balances of appropriation; enumerating statutes
repealed
Sec. 5. Any reorganization plan submitted by the governor under
this chapter:
(a) shall change, in cases he deems necessary, the name of any
agency affected by a reorganization, and the title of its head;
and shall designate the name of any agency resulting from a
reorganization and the title of its head;
(b) may include provisions for the appointment and
compensation of the head and one (1) or more other officers of
any agency, including an agency resulting from a consolidation
or other type of reorganization, if the governor finds, and in his
message submitting the plan declares, that by reason of a
reorganization made by the plan such provisions are necessary.
The head so provided for may be an individual, or may be a
commission or board with two (2) or more members. The terms
of office of any appointee shall not be fixed at more than four
(4) years. The compensation shall not be at a rate in excess of
that found by the governor to prevail in respect of comparable
officers in the executive and administrative branch;
(c) shall make provisions for the transfer or other disposition of
the records, property, and personnel affected by any
reorganization;
(d) shall make provision for the transfer of such unexpended
balances of appropriations, and of other funds, available for use
in connection with any function or agency affected by a
reorganization, as he deems necessary by reason of the
reorganization for use in connection with the functions affected
by the reorganization, or for the use of the agency which has
such functions after the reorganization plan is effective.
Unexpended balances so transferred shall be used only for the
purposes for which the appropriation was originally made;
(e) shall make provision for terminating the affairs of any
agency abolished; and
(f) shall enumerate all statutes which may be repealed if the
reorganization plan becomes effective. (Formerly: Acts 1967, c.9, s.5.) As amended by P.L.5-1984, SEC.13. IC 4-3-6-6 Effect of plans
Sec. 6. No reorganization plan shall provide for, and no
reorganization under this chapter shall have the effect of:
(a) abolishing or transferring a constitutional office or the
attorney general or the functions thereof, or consolidating any
two (2) such offices or the functions provided such offices in
the first statute prescribing the functions and duties of such
offices;
(b) continuing any agency beyond the period authorized by law
for its existence or beyond the time when it would have
terminated if the reorganization had not been made;
(c) continuing any function beyond the period authorized by
law for its exercise, or beyond the time when it would have
terminated if the reorganization had not been made; or
(d) increasing the term of any office beyond that provided by
law for the office. (Formerly: Acts 1967, c.9, s.6.) As amended by P.L.5-1984, SEC.14.
IC 4-3-6-7 Presenting plan to general assembly in form of bill; enactment
Sec. 7. (a) Each reorganization plan shall be presented by the
governor to the general assembly in the form of a bill.
(b) Each reorganization plan so submitted by the governor shall
take effect if and when it is enacted as a law by the general assembly
in accordance with the constitution of the state of Indiana. (Formerly: Acts 1967, c.9, s.7.)
IC 4-3-6-8 Effect of reorganization; regulations and other actions; vested
functions
Sec. 8. (a) An act and any regulation or other action made,
prescribed, issued, granted, or performed in respect of or by any
agency or function affected by a reorganization under this chapter,
before the effective date of the reorganization, shall, except to the
extent rescinded, modified, superseded, or made inapplicable by or
under authority of law or by the abolition of a function, have the
same effect as if the reorganization had not been made. If any such
act, regulation, or other action has vested the function in the agency
from which it is removed under the plan, the function shall, insofar
as it is to be exercised after the plan becomes effective, be
considered as vested in the agency under which the function is placed
by the plan.
(b) As used in this section, "regulation or other action" means any
regulation, rule, order, policy, determination, directive, authorization,
permit, privilege, requirement, designation, or other action. (Formerly: Acts 1967, c.9, s.8.) As amended by P.L.5-1984, SEC.15.
IC 4-3-6-9 Survival of actions; time for motion to allow
Sec. 9. No legal action, or other proceeding lawfully commenced
by or against the head of any agency or other officer of the state, in
his official capacity or in relation to the discharge of his official
duties, shall abate by reason of the taking effect of any
reorganization plan under the provisions of this chapter. The court
may, on motion or supplemental petition filed at any time within
twelve (12) months after the reorganization plan takes effect,
showing a necessity for a survival of the action, or other proceeding
to obtain a settlement of the questions involved, allow the same to be
maintained by or against the successor of such head or officer under
the reorganization effected by the plan or, if there is no successor,
against such agency or officer as the governor shall designate. (Formerly: Acts 1967, c.9, s.9.) As amended by P.L.5-1984, SEC.16.
IC 4-3-6
Chapter 6. Governor Authorized to Present Reorganization Plans
for State Agencies to the General Assembly
IC 4-3-6-1 Title of act
Sec. 1. This chapter shall be known and may be cited as the
"Reorganization Act of 1967". (Formerly: Acts 1967, c.9, s.1.) As amended by P.L.5-1984, SEC.9.
IC 4-3-6-2 Definitions
Sec. 2. As used in this chapter:
(1) "Agency" means any executive or administrative department,
commission, council, board, bureau, division, service, office, officer,
administration, or other establishment in the executive or
administrative branch of the state government not provided for by the
constitution. The term "agency" does not include the secretary of
state, the auditor of state, the treasurer of state, the lieutenant
governor, the state superintendent of public instruction, and the
attorney general, nor the departments of which they are, by the
statutes first adopted setting out their duties, the administrative
heads.
(2) "Reorganization" means:
(A) the transfer of the whole or any part of any agency, or of the
whole or any part of the functions thereof, to the jurisdiction
and control of any other agency;
(B) the abolition of all or any part of the functions of any
agency;
(C) the consolidation or coordination of the whole or any part
of any agency, or of the whole or any part of the functions
thereof, with the whole or any part of any other agency or the
functions thereof;
(D) the consolidation or coordination of any part of any agency
or the functions thereof with any other part of the same agency
or the functions thereof;
(E) the authorization of any officer to delegate any of his
functions; or
(F) the abolition of the whole or any part of any agency which
agency or part does not have, or upon the taking effect of a
reorganization plan will not have, any functions. (Formerly: Acts 1967, c.9, s.2.) As amended by P.L.5-1984, SEC.10.
IC 4-3-6-3 Purposes of reorganization
Sec. 3. (a) The governor shall examine, and from time to time
reexamine, the organization of all agencies of the state government,
and shall determine what changes therein are necessary to
accomplish the following purposes:
(1) To promote the better execution of the laws, the more
effective management of the executive and administrative
branch of the government and of its agencies and functions, and
expeditious administration of the public business.
(2) To reduce expenditures and promote economy to the fullest
extent consistent with the efficient operation of the government.
(3) To increase the efficiency of the operations of the
government to the fullest extent practicable.
(4) To group, coordinate, and consolidate agencies and
functions of the government, as nearly as possible according to
major purposes.
(5) To reduce the number of agencies by consolidating those
having similar functions under a single head, and to abolish
such agencies or functions thereof as may not be necessary for
the efficient conduct of the government.
(6) To eliminate overlapping and duplication of effort.
(7) To increase the control of the electorate over the policy
making functions of government.
(b) The general assembly declares that the public interest demands
the carrying out of the purposes specified in this section, and that
these purposes may be accomplished in great measure by proceeding
under the provisions of this chapter. (Formerly: Acts 1967, c.9, s.3.) As amended by P.L.5-1984, SEC.11.
IC 4-3-6-4 Governor; preparation of plan; message to general assembly
Sec. 4. Whenever the governor, after investigation, finds that:
(1) the transfer of the whole or any part of any agency, or of the
whole or any part of the functions thereof, to the jurisdiction
and control of any other agency;
(2) the abolition of all or any part of the functions of any
agency;
(3) the consolidation or coordination of the whole or any part of
any agency, or of the whole or any part of the functions thereof,
with the whole or any part of any other agency or the functions
thereof;
(4) the consolidation or coordination of any part of any agency
or the functions thereof with any other part of the same agency
or the functions thereof;
(5) the authorization of any officer to delegate any of that
officer's functions; or
(6) the abolition of the whole or any part of any agency which
agency or part does not have, or upon the taking effect of the
reorganization plan will not have any functions;
is necessary to accomplish one (1) or more of the purposes of this
chapter, the governor shall prepare a reorganization plan for
accomplishing the changes in government indicated by the governor's
findings included in the plan, and shall submit the plan in an
electronic format under IC 5-14-6 to the general assembly, together
with a declaration that, with respect to each reorganization included
in the plan the governor has found that the reorganization is
necessary to accomplish one (1) or more of the purposes of this
chapter. The governor, in the message submitting a reorganization
plan, shall specify, with respect to each abolition of a function
included in the plan, the statutory authority for the exercise of the
function, and shall specify the reduction of expenditures which it is
probable will be brought about by the taking effect of the
reorganizations included in the plan. (Formerly: Acts 1967, c.9, s.4.) As amended by P.L.5-1984, SEC.12;
P.L.17-1985, SEC.1; P.L.28-2004, SEC.15.
IC 4-3-6-5 Name of agencies; personnel; transfer of records and property;
unexpended balances of appropriation; enumerating statutes
repealed
Sec. 5. Any reorganization plan submitted by the governor under
this chapter:
(a) shall change, in cases he deems necessary, the name of any
agency affected by a reorganization, and the title of its head;
and shall designate the name of any agency resulting from a
reorganization and the title of its head;
(b) may include provisions for the appointment and
compensation of the head and one (1) or more other officers of
any agency, including an agency resulting from a consolidation
or other type of reorganization, if the governor finds, and in his
message submitting the plan declares, that by reason of a
reorganization made by the plan such provisions are necessary.
The head so provided for may be an individual, or may be a
commission or board with two (2) or more members. The terms
of office of any appointee shall not be fixed at more than four
(4) years. The compensation shall not be at a rate in excess of
that found by the governor to prevail in respect of comparable
officers in the executive and administrative branch;
(c) shall make provisions for the transfer or other disposition of
the records, property, and personnel affected by any
reorganization;
(d) shall make provision for the transfer of such unexpended
balances of appropriations, and of other funds, available for use
in connection with any function or agency affected by a
reorganization, as he deems necessary by reason of the
reorganization for use in connection with the functions affected
by the reorganization, or for the use of the agency which has
such functions after the reorganization plan is effective.
Unexpended balances so transferred shall be used only for the
purposes for which the appropriation was originally made;
(e) shall make provision for terminating the affairs of any
agency abolished; and
(f) shall enumerate all statutes which may be repealed if the
reorganization plan becomes effective. (Formerly: Acts 1967, c.9, s.5.) As amended by P.L.5-1984, SEC.13. IC 4-3-6-6 Effect of plans
Sec. 6. No reorganization plan shall provide for, and no
reorganization under this chapter shall have the effect of:
(a) abolishing or transferring a constitutional office or the
attorney general or the functions thereof, or consolidating any
two (2) such offices or the functions provided such offices in
the first statute prescribing the functions and duties of such
offices;
(b) continuing any agency beyond the period authorized by law
for its existence or beyond the time when it would have
terminated if the reorganization had not been made;
(c) continuing any function beyond the period authorized by
law for its exercise, or beyond the time when it would have
terminated if the reorganization had not been made; or
(d) increasing the term of any office beyond that provided by
law for the office. (Formerly: Acts 1967, c.9, s.6.) As amended by P.L.5-1984, SEC.14.
IC 4-3-6-7 Presenting plan to general assembly in form of bill; enactment
Sec. 7. (a) Each reorganization plan shall be presented by the
governor to the general assembly in the form of a bill.
(b) Each reorganization plan so submitted by the governor shall
take effect if and when it is enacted as a law by the general assembly
in accordance with the constitution of the state of Indiana. (Formerly: Acts 1967, c.9, s.7.)
IC 4-3-6-8 Effect of reorganization; regulations and other actions; vested
functions
Sec. 8. (a) An act and any regulation or other action made,
prescribed, issued, granted, or performed in respect of or by any
agency or function affected by a reorganization under this chapter,
before the effective date of the reorganization, shall, except to the
extent rescinded, modified, superseded, or made inapplicable by or
under authority of law or by the abolition of a function, have the
same effect as if the reorganization had not been made. If any such
act, regulation, or other action has vested the function in the agency
from which it is removed under the plan, the function shall, insofar
as it is to be exercised after the plan becomes effective, be
considered as vested in the agency under which the function is placed
by the plan.
(b) As used in this section, "regulation or other action" means any
regulation, rule, order, policy, determination, directive, authorization,
permit, privilege, requirement, designation, or other action. (Formerly: Acts 1967, c.9, s.8.) As amended by P.L.5-1984, SEC.15.
IC 4-3-6-9 Survival of actions; time for motion to allow
Sec. 9. No legal action, or other proceeding lawfully commenced
by or against the head of any agency or other officer of the state, in
his official capacity or in relation to the discharge of his official
duties, shall abate by reason of the taking effect of any
reorganization plan under the provisions of this chapter. The court
may, on motion or supplemental petition filed at any time within
twelve (12) months after the reorganization plan takes effect,
showing a necessity for a survival of the action, or other proceeding
to obtain a settlement of the questions involved, allow the same to be
maintained by or against the successor of such head or officer under
the reorganization effected by the plan or, if there is no successor,
against such agency or officer as the governor shall designate. (Formerly: Acts 1967, c.9, s.9.) As amended by P.L.5-1984, SEC.16.
IC 4-3-6
Chapter 6. Governor Authorized to Present Reorganization Plans
for State Agencies to the General Assembly
IC 4-3-6-1 Title of act
Sec. 1. This chapter shall be known and may be cited as the
"Reorganization Act of 1967". (Formerly: Acts 1967, c.9, s.1.) As amended by P.L.5-1984, SEC.9.
IC 4-3-6-2 Definitions
Sec. 2. As used in this chapter:
(1) "Agency" means any executive or administrative department,
commission, council, board, bureau, division, service, office, officer,
administration, or other establishment in the executive or
administrative branch of the state government not provided for by the
constitution. The term "agency" does not include the secretary of
state, the auditor of state, the treasurer of state, the lieutenant
governor, the state superintendent of public instruction, and the
attorney general, nor the departments of which they are, by the
statutes first adopted setting out their duties, the administrative
heads.
(2) "Reorganization" means:
(A) the transfer of the whole or any part of any agency, or of the
whole or any part of the functions thereof, to the jurisdiction
and control of any other agency;
(B) the abolition of all or any part of the functions of any
agency;
(C) the consolidation or coordination of the whole or any part
of any agency, or of the whole or any part of the functions
thereof, with the whole or any part of any other agency or the
functions thereof;
(D) the consolidation or coordination of any part of any agency
or the functions thereof with any other part of the same agency
or the functions thereof;
(E) the authorization of any officer to delegate any of his
functions; or
(F) the abolition of the whole or any part of any agency which
agency or part does not have, or upon the taking effect of a
reorganization plan will not have, any functions. (Formerly: Acts 1967, c.9, s.2.) As amended by P.L.5-1984, SEC.10.
IC 4-3-6-3 Purposes of reorganization
Sec. 3. (a) The governor shall examine, and from time to time
reexamine, the organization of all agencies of the state government,
and shall determine what changes therein are necessary to
accomplish the following purposes:
(1) To promote the better execution of the laws, the more
effective management of the executive and administrative
branch of the government and of its agencies and functions, and
expeditious administration of the public business.
(2) To reduce expenditures and promote economy to the fullest
extent consistent with the efficient operation of the government.
(3) To increase the efficiency of the operations of the
government to the fullest extent practicable.
(4) To group, coordinate, and consolidate agencies and
functions of the government, as nearly as possible according to
major purposes.
(5) To reduce the number of agencies by consolidating those
having similar functions under a single head, and to abolish
such agencies or functions thereof as may not be necessary for
the efficient conduct of the government.
(6) To eliminate overlapping and duplication of effort.
(7) To increase the control of the electorate over the policy
making functions of government.
(b) The general assembly declares that the public interest demands
the carrying out of the purposes specified in this section, and that
these purposes may be accomplished in great measure by proceeding
under the provisions of this chapter. (Formerly: Acts 1967, c.9, s.3.) As amended by P.L.5-1984, SEC.11.
IC 4-3-6-4 Governor; preparation of plan; message to general assembly
Sec. 4. Whenever the governor, after investigation, finds that:
(1) the transfer of the whole or any part of any agency, or of the
whole or any part of the functions thereof, to the jurisdiction
and control of any other agency;
(2) the abolition of all or any part of the functions of any
agency;
(3) the consolidation or coordination of the whole or any part of
any agency, or of the whole or any part of the functions thereof,
with the whole or any part of any other agency or the functions
thereof;
(4) the consolidation or coordination of any part of any agency
or the functions thereof with any other part of the same agency
or the functions thereof;
(5) the authorization of any officer to delegate any of that
officer's functions; or
(6) the abolition of the whole or any part of any agency which
agency or part does not have, or upon the taking effect of the
reorganization plan will not have any functions;
is necessary to accomplish one (1) or more of the purposes of this
chapter, the governor shall prepare a reorganization plan for
accomplishing the changes in government indicated by the governor's
findings included in the plan, and shall submit the plan in an
electronic format under IC 5-14-6 to the general assembly, together
with a declaration that, with respect to each reorganization included
in the plan the governor has found that the reorganization is
necessary to accomplish one (1) or more of the purposes of this
chapter. The governor, in the message submitting a reorganization
plan, shall specify, with respect to each abolition of a function
included in the plan, the statutory authority for the exercise of the
function, and shall specify the reduction of expenditures which it is
probable will be brought about by the taking effect of the
reorganizations included in the plan. (Formerly: Acts 1967, c.9, s.4.) As amended by P.L.5-1984, SEC.12;
P.L.17-1985, SEC.1; P.L.28-2004, SEC.15.
IC 4-3-6-5 Name of agencies; personnel; transfer of records and property;
unexpended balances of appropriation; enumerating statutes
repealed
Sec. 5. Any reorganization plan submitted by the governor under
this chapter:
(a) shall change, in cases he deems necessary, the name of any
agency affected by a reorganization, and the title of its head;
and shall designate the name of any agency resulting from a
reorganization and the title of its head;
(b) may include provisions for the appointment and
compensation of the head and one (1) or more other officers of
any agency, including an agency resulting from a consolidation
or other type of reorganization, if the governor finds, and in his
message submitting the plan declares, that by reason of a
reorganization made by the plan such provisions are necessary.
The head so provided for may be an individual, or may be a
commission or board with two (2) or more members. The terms
of office of any appointee shall not be fixed at more than four
(4) years. The compensation shall not be at a rate in excess of
that found by the governor to prevail in respect of comparable
officers in the executive and administrative branch;
(c) shall make provisions for the transfer or other disposition of
the records, property, and personnel affected by any
reorganization;
(d) shall make provision for the transfer of such unexpended
balances of appropriations, and of other funds, available for use
in connection with any function or agency affected by a
reorganization, as he deems necessary by reason of the
reorganization for use in connection with the functions affected
by the reorganization, or for the use of the agency which has
such functions after the reorganization plan is effective.
Unexpended balances so transferred shall be used only for the
purposes for which the appropriation was originally made;
(e) shall make provision for terminating the affairs of any
agency abolished; and
(f) shall enumerate all statutes which may be repealed if the
reorganization plan becomes effective. (Formerly: Acts 1967, c.9, s.5.) As amended by P.L.5-1984, SEC.13. IC 4-3-6-6 Effect of plans
Sec. 6. No reorganization plan shall provide for, and no
reorganization under this chapter shall have the effect of:
(a) abolishing or transferring a constitutional office or the
attorney general or the functions thereof, or consolidating any
two (2) such offices or the functions provided such offices in
the first statute prescribing the functions and duties of such
offices;
(b) continuing any agency beyond the period authorized by law
for its existence or beyond the time when it would have
terminated if the reorganization had not been made;
(c) continuing any function beyond the period authorized by
law for its exercise, or beyond the time when it would have
terminated if the reorganization had not been made; or
(d) increasing the term of any office beyond that provided by
law for the office. (Formerly: Acts 1967, c.9, s.6.) As amended by P.L.5-1984, SEC.14.
IC 4-3-6-7 Presenting plan to general assembly in form of bill; enactment
Sec. 7. (a) Each reorganization plan shall be presented by the
governor to the general assembly in the form of a bill.
(b) Each reorganization plan so submitted by the governor shall
take effect if and when it is enacted as a law by the general assembly
in accordance with the constitution of the state of Indiana. (Formerly: Acts 1967, c.9, s.7.)
IC 4-3-6-8 Effect of reorganization; regulations and other actions; vested
functions
Sec. 8. (a) An act and any regulation or other action made,
prescribed, issued, granted, or performed in respect of or by any
agency or function affected by a reorganization under this chapter,
before the effective date of the reorganization, shall, except to the
extent rescinded, modified, superseded, or made inapplicable by or
under authority of law or by the abolition of a function, have the
same effect as if the reorganization had not been made. If any such
act, regulation, or other action has vested the function in the agency
from which it is removed under the plan, the function shall, insofar
as it is to be exercised after the plan becomes effective, be
considered as vested in the agency under which the function is placed
by the plan.
(b) As used in this section, "regulation or other action" means any
regulation, rule, order, policy, determination, directive, authorization,
permit, privilege, requirement, designation, or other action. (Formerly: Acts 1967, c.9, s.8.) As amended by P.L.5-1984, SEC.15.
IC 4-3-6-9 Survival of actions; time for motion to allow
Sec. 9. No legal action, or other proceeding lawfully commenced
by or against the head of any agency or other officer of the state, in
his official capacity or in relation to the discharge of his official
duties, shall abate by reason of the taking effect of any
reorganization plan under the provisions of this chapter. The court
may, on motion or supplemental petition filed at any time within
twelve (12) months after the reorganization plan takes effect,
showing a necessity for a survival of the action, or other proceeding
to obtain a settlement of the questions involved, allow the same to be
maintained by or against the successor of such head or officer under
the reorganization effected by the plan or, if there is no successor,
against such agency or officer as the governor shall designate. (Formerly: Acts 1967, c.9, s.9.) As amended by P.L.5-1984, SEC.16.
