Sec. 15. The director has the following duties and powers:

(1) The director may investigate any written complaint against a practitioner. The director shall limit the investigation to aspects of the practitioner’s activities that appear to violate this chapter or rules adopted under this chapter.

Terms Used In Indiana Code 36-12-11-15

  • board: refers to the Indiana library and historical board established by IC 4-23-7-2. See Indiana Code 36-12-11-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • director: refers to the director of the Indiana state library appointed under Indiana Code 36-12-11-3
  • practitioner: means an individual certified under this chapter. See Indiana Code 36-12-11-4
  • Subpoena: A command to a witness to appear and give testimony.
(2) The director shall notify the practitioner of the:

(A) nature and ramifications of the complaint; and

(B) duty of the director to investigate and attempt to resolve the complaint through negotiation.

(3) The director may:

(A) subpoena witnesses; or

(B) send for and compel the production of books, records, papers, and documents;

in relation to an investigation under this chapter. The circuit or superior court located in the county where a subpoena is to be issued shall enforce the subpoena.

(4) If, after investigating, the director determines the complaint has merit, the director shall notify the complainant, practitioner, and the board. The director has forty-five (45) days to attempt to resolve the complaint through negotiation.

(5) If, after investigating, the director determines the complaint has no merit, the director shall notify the complainant, practitioner, and the board that the complaint has been dismissed.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-15.]

As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.37.