Section 28-13-11-5 - Exemption from personal liability; inapplicability in departmental proceedings(a) A director is not liable for any action taken as a director, or any failure to take any action, unless: (1) the director has breached or failed to perform the duties of the director's office under sections 1 through 4 of this chapter; and(2) the breach or failure to perform constitutes willful misconduct or recklessness.(b) The exemption from liability provided by this section does not apply to any proceeding brought by the department against a director.As added by P.L. 14-1992, SEC.163.