Ind. Code § 4-21.5-2.5-2

Current through P.L. 171-2024

Section 4-21.5-2.5-2 - Exemptions

This chapter does not apply:

(1) if the agency conducting the inspection determines that the alleged violation:

(A) represents intentional misconduct or an act of fraud by a responsible person or an agent of the responsible person;

(B) is not correctable within a reasonable time, as determined by the agency;

(C) demonstrates, by a continuing pattern of conduct, a willful disregard by the responsible person of the person's obligation to remedy the errors after the responsible person becomes aware of the errors;

(D) constitutes an immediate risk to:

(i) any person;

(ii) the public health, safety, or welfare; or

(iii) the environment; or

(E) constitutes a major violation of the agency's rules as expressly provided by the rules of the agency;

(2) if another statute (including IC 13-30) provides a substantially similar procedure for correction of an alleged violation of a rule or state statute before the agency:

(A) imposes a sanction on a person; or

(B) terminates a legal right, duty, privilege, immunity, or other legal interest of a person;

(3) if application of this chapter to a violation would violate a federal law or regulation;

(4) if the alleged violation is a violation of:

(A) a rule or state statute governing the conduct of an agency employee or contractor in the procurement or performance of services or the delivery of property to a governmental entity; or

(B) an ethics code;

(5) if the alleged violation was discovered as part of the preparation of a health care licensing and certification survey by the Indiana department of health;

(6) if the alleged violation constitutes an act or omission that is charged by a state law enforcement agency as a crime or delinquent act or the agency forwards notice of the alleged violation to the attorney general, a state or local law enforcement agency, or a prosecuting attorney for investigation or prosecution as a crime or delinquent act;

(7) to a day care regulation under IC 12-17.2; or

(8) to the responsibilities of the department of child services under IC 31.

IC 4-21.5-2.5-2

Amended by P.L. 56-2023,SEC. 25, eff. 7/1/2023.

Added by P.L. 215-2017,SEC. 2, eff. 7/1/2017.