2021 Indiana Code
Title 4. State Offices and Administration
Article 21.5. Administrative Orders and Procedures
Chapter 2.5. Opportunity to Correct
4-21.5-2.5-2. Exemptions
Sec. 2. 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 state 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.
As added by P.L.215-2017, SEC.2.
