2013 Indiana Code TITLE 4. STATE OFFICES AND ADMINISTRATION ARTICLE 21.5. ADMINISTRATIVE ORDERS AND PROCEDURES CHAPTER 2. APPLICATION
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IC 4-21.5-2
Chapter 2. Application
IC 4-21.5-2-0.1
Application of article; application of previous statute; references
to previous statutes
Sec. 0.1. (a) This article governs:
(1) all proceedings, and all proceedings for judicial review or
civil enforcement of agency action, commenced after June 30,
1987; and
(2) proceedings conducted after June 30, 1987, on remand from
a court.
(b) The following are governed by IC 4-22-1 (before its repeal) as
it existed on June 30, 1987:
(1) Any adjudicative proceedings pending on June 30, 1987,
and not being conducted on remand after June 30, 1987.
(2) All judicial review proceedings concerning agency action
pending on June 30, 1987.
(3) All civil enforcement proceedings concerning agency action
pending on June 30, 1987.
(c) After June 30, 1987, any reference to Acts 1947, c.365 or
IC 4-22-1 in a statute or rule in effect on July 1, 1987, shall be
construed as a reference to IC 4-21.5 as effective on July 1, 1987.
As added by P.L.220-2011, SEC.43.
IC 4-21.5-2-1
Minimum rights and duties
Sec. 1. This article creates minimum procedural rights and
imposes minimum procedural duties.
As added by P.L.18-1986, SEC.1.
IC 4-21.5-2-2
Waiver of rights and duties
Sec. 2. Except to the extent precluded by a law, a person may
waive any right conferred upon that person by this article. This
section does not permit the waiver of any procedural duty imposed
by this article.
As added by P.L.18-1986, SEC.1.
IC 4-21.5-2-3
Application of law
Sec. 3. This article applies to an agency, except to the extent that
a statute clearly and specifically provides otherwise. This article
applies (to the extent that a statute other than this article specifically
applies this article) to a class of otherwise exempt orders or one (1)
or more stages of an otherwise exempt proceeding.
As added by P.L.18-1986, SEC.1.
IC 4-21.5-2-4
Exemptions
Sec. 4. (a) This article does not apply to any of the following
agencies:
(1) The governor.
(2) The state board of accounts.
(3) The state educational institutions.
(4) The department of workforce development.
(5) The unemployment insurance review board of the
department of workforce development.
(6) The worker's compensation board of Indiana.
(7) The military officers or boards.
(8) The Indiana utility regulatory commission.
(9) The department of state revenue (excluding an agency
action related to the licensure of private employment agencies).
(10) The department of local government finance.
(11) The Indiana board of tax review.
(b) This article does not apply to action related to railroad rate and
tariff regulation by the Indiana department of transportation.
As added by P.L.18-1986, SEC.1. Amended by P.L.18-1987, SEC.5;
P.L.28-1988, SEC.1; P.L.18-1990, SEC.7; P.L.21-1995, SEC.7;
P.L.198-2001, SEC.1; P.L.256-2003, SEC.1; P.L.188-2003, SEC.1;
P.L.91-2006, SEC.1; P.L.2-2007, SEC.51; P.L.219-2007, SEC.3.
IC 4-21.5-2-5
Exemptions; agency actions
Sec. 5. This article does not apply to the following agency actions:
(1) The issuance of a warrant or jeopardy warrant for the
collection of taxes.
(2) A determination of probable cause or no probable cause by
the civil rights commission.
(3) A determination in a factfinding conference of the civil
rights commission.
(4) A personnel action, except review of:
(A) a personnel action by the state employees appeals
commission under IC 4-15-2.2-42; or
(B) a personnel action that is not covered by IC 4-15-2.2 but
may be taken only for cause.
(5) A resolution, directive, or other action of any agency that
relates solely to the internal policy, organization, or procedure
of that agency or another agency and is not a licensing or
enforcement action. Actions to which this exemption applies
include the statutory obligations of an agency to approve or
ratify an action of another agency.
(6) An agency action related to an offender within the
jurisdiction of the department of correction.
(7) A decision of the Indiana economic development
corporation, the office of tourism development, the department
of environmental management, the tourist information and grant
fund review committee (before the repeal of the statute that
created the tourist information and grant fund review
committee), the Indiana finance authority, the corporation for
innovation development, or the lieutenant governor that
concerns a grant, loan, bond, tax incentive, or financial
guarantee.
(8) A decision to issue or not issue a complaint, summons, or
similar accusation.
(9) A decision to initiate or not initiate an inspection,
investigation, or other similar inquiry that will be conducted by
the agency, another agency, a political subdivision, including a
prosecuting attorney, a court, or another person.
(10) A decision concerning the conduct of an inspection,
investigation, or other similar inquiry by an agency.
(11) The acquisition, leasing, or disposition of property or
procurement of goods or services by contract.
(12) Determinations of the department of workforce
development under IC 22-4-18-1(g)(1) or IC 22-4-41.
(13) A decision under IC 9-30-12 of the bureau of motor
vehicles to suspend or revoke a driver's license, a driver's
permit, a vehicle title, or a vehicle registration of an individual
who presents a dishonored check.
(14) An action of the department of financial institutions under
IC 28-1-3.1 or a decision of the department of financial
institutions to act under IC 28-1-3.1.
(15) A determination by the NVRA official under IC 3-7-11
concerning an alleged violation of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg) or IC 3-7.
(16) Imposition of a civil penalty under IC 4-20.5-6-8 if the
rules of the Indiana department of administration provide an
administrative appeals process.
(17) A determination of status as a member of or participant in
an environmental performance based program developed and
implemented under IC 13-27-8.
As added by P.L.18-1986, SEC.1. Amended by P.L.29-1988, SEC.1;
P.L.3-1989, SEC.23; P.L.35-1989, SEC.1; P.L.1-1990, SEC.34;
P.L.23-1990, SEC.1; P.L.11-1990, SEC.103; P.L.10-1991, SEC.6;
P.L.2-1991, SEC.20; P.L.11-1991, SEC.20; P.L.12-1995, SEC.95;
P.L.21-1995, SEC.8; P.L.2-1996, SEC.211; P.L.172-1999, SEC.10;
P.L.4-2005, SEC.19; P.L.229-2005, SEC.1; P.L.235-2005, SEC.60;
P.L.1-2006, SEC.70; P.L.161-2006, SEC.1; P.L.100-2006, SEC.1;
P.L.1-2007, SEC.16; P.L.6-2012, SEC.16.
IC 4-21.5-2-6
Inapplicability to certain formulation, issuance, and administrative
review
Sec. 6. This article does not apply to the formulation, issuance, or
administrative review (but does apply to the judicial review and civil
enforcement) of any of the following:
(1) Except as provided in IC 12-17.2-4-18.7 and
IC 12-17.2-5-18.7, determinations by the division of family
resources and the department of child services.
(2) Determinations by the alcohol and tobacco commission.
(3) Determinations by the office of Medicaid policy and
planning concerning recipients and applicants of Medicaid.
However, this article does apply to determinations by the office
of Medicaid policy and planning concerning providers.
As added by P.L.18-1986, SEC.1. Amended by P.L.2-1992, SEC.37;
P.L.23-1992, SEC.1; P.L.1-1993, SEC.20; P.L.204-2001, SEC.5;
P.L.198-2001, SEC.2; P.L.1-2002, SEC.9; P.L.241-2003, SEC.1;
P.L.234-2005, SEC.1; P.L.219-2007, SEC.4.
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