Sec. 2. This chapter does not apply:

(1) if the agency conducting the inspection determines that the alleged violation:

Terms Used In Indiana Code 4-21.5-2.5-2

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Fraud: Intentional deception resulting in injury to another.
  • inspection: means :

    Indiana Code 4-21.5-2.5-4

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Statute: A law passed by a legislature.
  • violation: refers to a violation of a state rule adopted by an agency or a state statute, except for a violation exempt under section 2 of this chapter. See Indiana Code 4-21.5-2.5-5
(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 Indiana 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. Amended by P.L.56-2023, SEC.25.