2015 Indiana Code TITLE 10. PUBLIC SAFETY ARTICLE 19. DEPARTMENT OF HOMELAND SECURITY CHAPTER 3. EXECUTIVE DIRECTOR
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IC 10-19-3
Chapter 3. Executive Director
IC 10-19-3-1
Appointment
Sec. 1. The governor shall appoint an individual to be the
executive director of the department.
As added by P.L.22-2005, SEC.17.
IC 10-19-3-2
Service; compensation
Sec. 2. The executive director:
(1) serves at the governor's pleasure; and
(2) is entitled to receive compensation in an amount set by the
governor.
As added by P.L.22-2005, SEC.17.
IC 10-19-3-3
Duties
Sec. 3. The executive director shall do the following:
(1) Serve as the chief executive and administrative officer of the
department.
(2) Serve as the director of the council.
(3) Administer the application for, and disbursement of, federal
and state homeland security money for all Indiana state and
local governments.
(4) Develop a single strategic plan for preparing and responding
to homeland security emergencies in consultation with the
council.
(5) Serve as the state coordinating officer under federal law for
all matters relating to emergency and disaster mitigation,
preparedness, response, and recovery.
(6) Use and allocate the services, facilities, equipment,
personnel, and resources of any state agency, on the governor's
behalf, as is reasonably necessary in the preparation for,
response to, or recovery from an emergency or disaster situation
that threatens or has occurred in Indiana.
(7) Develop a plan to protect key state assets and public
infrastructure from a disaster or terrorist attack.
As added by P.L.22-2005, SEC.17. Amended by P.L.101-2006,
SEC.18; P.L.27-2010, SEC.4.
IC 10-19-3-4
Appointment of employees
Sec. 4. The executive director may appoint employees in the
manner provided by IC 4-15-2.2 and fix their compensation, subject
to the approval of the budget agency under IC 4-12-1-13.
As added by P.L.22-2005, SEC.17. Amended by P.L.6-2012, SEC.73.
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IC 10-19-3-5
Delegation of authority
Sec. 5. The executive director may delegate the executive
director's authority to the appropriate department staff.
As added by P.L.22-2005, SEC.17.
IC 10-19-3-6
Ultimate authority for administrative proceedings
Sec. 6. For purposes of IC 4-21.5, the executive director, or the
executive director's designee, is the ultimate authority for the
department.
As added by P.L.22-2005, SEC.17.
IC 10-19-3-7
Adoption of rules; exceptions
Sec. 7. (a) Except as provided in this section, for purposes of
IC 4-22-2, the executive director is the authority that adopts rules for
the department.
(b) The Indiana emergency medical services commission is the
authority that adopts rules under IC 16-31.
(c) Except as provided in subsection (e) or (f), the fire prevention
and building safety commission is the authority that adopts rules
under any of the following:
(1) IC 22-11.
(2) IC 22-12.
(3) IC 22-13.
(4) IC 22-14.
(5) IC 22-15.
(d) The board of firefighting personnel standards and education is
the authority that adopts rules under IC 22-14-2-7(c)(7) and
IC 36-8-10.5.
(e) The boiler and pressure vessel rules board established by
IC 22-12-4-1 is the authority that adopts:
(1) emergency rules under IC 22-13-2-8(c); and
(2) rules under IC 22-15-6.
(f) The regulated amusement device safety board established by
IC 22-12-4.5-2 is the authority that adopts rules under IC 22-15-7.
(g) The executive director may adopt rules governing:
(1) emergency action plans; or
(2) emergency response plans;
for outdoor performances (as defined in IC 22-12-1-17.5) where
outdoor event equipment (as defined in IC 22-12-1-17.7) is used.
As added by P.L.22-2005, SEC.17. Amended by P.L.142-2013,
SEC.1.
IC 10-19-3-8
Variances to rules governing state disaster relief fund
Sec. 8. (a) The executive director may grant a variance to a rule
governing the state disaster relief fund under 290 IAC 1. A variance
Indiana Code 2015
granted under this section must promote the effective and expeditious
distribution of relief assistance.
(b) The executive director may grant a variance to a rule under
subsection (a) if an applicant for financial assistance under 290 IAC
1-1 or 290 IAC 1-2 does the following:
(1) Submits to the executive director a written request for the
variance in the form and manner specified by the executive
director.
(2) Documents that compliance with the rule specified in the
application for the variance will create an undue hardship on the
applicant, as determined by the executive director.
(3) Documents that the applicant for the variance will be in
substantial compliance with 290 IAC 1-1 or 290 IAC 1-2, as
applicable, after the variance is granted, as determined by the
executive director.
(4) Documents that noncompliance with the rule specified in the
application for a variance will not be adverse to public health
and safety or the purposes of the fund, as determined by the
executive director.
(c) A variance granted under subsection (b) must be conditioned
upon compliance with the alternative method approved by the
executive director. Noncompliance with the alternative method
constitutes the violation of a rule of the executive director and may
be the basis for revoking the variance.
As added by P.L.45-2012, SEC.2.
IC 10-19-3-9
Expiration of rule variances
Sec. 9. A variance granted under section 8 of this chapter expires
on the earlier of the following:
(1) The date set by the executive director for the expiration of
the variance.
(2) The occurrence of an event set by the executive director for
the expiration of the variance.
As added by P.L.45-2012, SEC.3.
Indiana Code 2015
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