Indiana Code 36-8-3.5-10. Rules; adoption; notice and hearing
(1) the selection and appointment of persons to be employed as members of the department, subject to applicable pension statutes;
Terms Used In Indiana Code 36-8-3.5-10
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- commission: refers to the merit commission for a merit system established under this chapter. See Indiana Code 36-8-3.5-0.2
- department: refers to :
Indiana Code 36-8-3.5-0.3
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- district: refers to a fire protection district established under IC 36-8-11. See Indiana Code 36-8-3.5-0.4
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- territory: refers to a fire protection territory established under IC 36-8-19. See Indiana Code 36-8-3.5-0.6
(3) disciplinary action or dismissal of members of the department.
(b) Before the rules required by this chapter are adopted by the commission, the commission must hold a public hearing to consider the adoption of the proposed rules. At least ten (10) days before the public hearing, the commission must have a notice of the hearing published in accordance with IC 5-3-1. The notice must state the time and place of the hearing and give briefly the subject matter of the proposed rules.
(c) At least ten (10) days before the hearing, one (1) copy of the proposed rules must be placed on file as follows:
(1) In the case of a unit, the office of the:
(A) clerk of a county, city, or town; or
(B) executive of a township;
for inspection by residents of the unit.
(2) In the case of a district or territory, the office of the:
(A) county legislative body of each county in which the district or territory is located;
(B) governing body; and
(C) clerk of each city or town and the executive of each township that is:
(i) located in; and
(ii) part of the district or territory;
for inspection by residents of the district or territory.
(d) At least ten (10) days before the hearing, three (3) copies of the proposed rules must be forwarded to the chief of the department and retained on file in the chief’s office for inspection at all times by members of the department.
(e) At the hearing, any interested person of the unit, district, or territory and any member of the department must be afforded an opportunity to present both oral and written evidence on any matter relating to the adoption of the proposed rules. The commission shall give due consideration to this evidence in making the commission’s final decision concerning the adoption of the proposed rules.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.180-2002, SEC.5; P.L.207-2023, SEC.18.