Chapter 1 Definitions
Chapter 2 Application
Chapter 2.5 Opportunity to Correct
Chapter 3 Adjudicative Proceedings
Chapter 3.5 Mediation
Chapter 4 Special Proceedings; Emergency and Other Temporary Orders
Chapter 5 Judicial Review
Chapter 6 Civil Enforcement
Chapter 7 Environmental Adjudication

Terms Used In Indiana Code > Title 4 > Article 21.5

  • above ground swimming pool: means any swimming pool whose sides rest fully above the surrounding earth. See Indiana Code 22-12-10-2
  • Active workings: means all places in a mine that are ventilated and inspected regularly. See Indiana Code 22-10-3-1
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • advanced structural components: means lightweight I-joists or lightweight roof trusses that:

    Indiana Code 22-11-21-2

  • affiliate: means a person that directly, or indirectly through one (1) or more intermediaries, controls, is controlled by, or is under common control with, a specified person. See Indiana Code 23-1-43-1
  • agent: means a person authorized by the department of state revenue to purchase and affix stamps (as defined by IC 6-7-1-9) on packages of cigarettes. See Indiana Code 22-14-7-1
  • ammonia solution: means any ammonia solution that contains at least ten percent (10%) by weight of free ammonia or having a vapor pressure of one (1) PSIG or above at one hundred four (104) degrees Fahrenheit. See Indiana Code 22-11-20-1
  • announcement date: when used in reference to any business combination, means the date of the first public announcement of the final, definitive proposal for the business combination. See Indiana Code 23-1-43-2
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • applicant: means a person who applies for a design release under IC 22-15-3. See Indiana Code 22-15-3.2-1
  • applicant: means a person who submits an application for a local plan review. See Indiana Code 22-15-3.3-1
  • application: means an application for a design release and any supporting plans and specifications. See Indiana Code 22-15-3.2-2
  • application: means an application for a local plan review and any supporting plans and specifications. See Indiana Code 22-15-3.3-2
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • appurtenances: includes pumps, compressors, safety relief devices, liquid level gauging devices, valves, and pressure gauges. See Indiana Code 22-11-20-2
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • associate: when used to indicate a relationship with any person, means:

    Indiana Code 23-1-43-3

  • ASTM: refers to the American Society for Testing and Materials. See Indiana Code 22-11-21-3
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Belt examiner: means an individual designated by the mine foreman to perform the functions as required by 30 CFR Part 75 in connection with examinations to ensure that the belt, belt drives, dump points, air movement, roof, and ribs of a mine are in safe condition. See Indiana Code 22-10-3-1
  • beneficial owner: when used with respect to any shares, has the meaning set forth in IC 23-1-20-3. See Indiana Code 23-1-43-4
  • beneficial shareholder: means the person who is a beneficial owner of shares held by a nominee as the record shareholder. See Indiana Code 23-1-44-6
  • Board: refers to the mining board established under IC 22-10-1. See Indiana Code 22-10-3-1
  • Bodily injury: has the meaning set forth in IC 35-31. See Indiana Code 22-11-18-1
  • brand family: has the meaning set forth in IC 24-3-5. See Indiana Code 22-14-7-2
  • business combination: when used in reference to any resident domestic corporation and any interested shareholder of the resident domestic corporation, means any of the following:

    Indiana Code 23-1-43-5

  • chemical test: has the meaning set forth in IC 9-13-2-22. See Indiana Code 22-10-15-1
  • cigarette: has the meaning set forth in IC 6-7-1-2. See Indiana Code 22-14-7-3
  • Commercial mine: means any underground mine from which coal is produced for sale, exchange, or commercial use. See Indiana Code 22-10-3-1
  • Commission: refers to the Indiana fire prevention and building safety commission. See Indiana Code 22-11-17-1
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • common shares: means any shares other than preferred shares. See Indiana Code 23-1-43-6
  • construction activity: refers to any physical improvements to real property undertaken for the purpose of constructing a Class 1 structure that is subject to a local plan review. See Indiana Code 22-15-3.3-3
  • container: includes vessels, tanks, cylinders, or spheres. See Indiana Code 22-11-20-3
  • contractor: means any person, except a licensed architect or registered professional engineer, who in any capacity other than as the employee of another for wages as the sole compensation, undertakes to construct, alter, repair, move, wreck, or demolish any structure. See Indiana Code 22-11-3.1-1
  • control share acquisition: means the acquisition (directly or indirectly) by any person of ownership of, or the power to direct the exercise of voting power with respect to, issued and outstanding control shares. See Indiana Code 23-1-42-2
  • control shares: means shares that, except for this chapter, would have voting power with respect to shares of an issuing public corporation that, when added to all other shares of the issuing public corporation owned by a person or in respect to which that person may exercise or direct the exercise of voting power, would entitle that person, immediately after acquisition of the shares (directly or indirectly, alone or as a part of a group), to exercise or direct the exercise of the voting power of the issuing public corporation in the election of directors within any of the following ranges of voting power:

    Indiana Code 23-1-42-1

  • corporation: means the issuer of the shares held by a dissenter before the corporate action, or the surviving or acquiring corporation by merger or share exchange of that issuer. See Indiana Code 23-1-44-1
  • corporation: includes any domestic or foreign predecessor entity of a corporation in a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction. See Indiana Code 23-1-37-1
  • Cylindrical fountain: means a cylindrical tube not exceeding three-quarters (3/4) inch in inside diameter and containing up to seventy-five (75) grams of pyrotechnic composition. See Indiana Code 22-11-14-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • design professional: means :

    Indiana Code 22-15-3.2-3

  • director: refers to the director of the office of environmental adjudication established by section 3 of this chapter. See Indiana Code 4-21.5-7-1
  • Director: includes , unless the context requires otherwise, the estate or personal representative of a director. See Indiana Code 23-1-37-2
  • Director: means the director of the bureau of mines and mine safety established under IC 22-1-1-4. See Indiana Code 22-10-3-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • dissenter: means a shareholder who is entitled to dissent from corporate action under section 8 of this chapter and who exercises that right when and in the manner required by sections 10 through 18 of this chapter. See Indiana Code 23-1-44-2
  • Distributor: means a person who sells fireworks to wholesalers and retailers for resale. See Indiana Code 22-11-14-1
  • division: means the division of fire and building safety. See Indiana Code 22-15-3.2-4
  • Docket: A log containing brief entries of court proceedings.
  • Dwelling: means a residence with at least one (1) dwelling unit as set forth in IC 22-12-1-4(a)(1)(B) and IC 22-12-1-5(a)(1). See Indiana Code 22-11-18-1
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • equipment law: has the meaning set forth in IC 22-12-1-11. See Indiana Code 22-11-20-4
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Exchange Act: means the Act of Congress known as the Securities Exchange Act of 1934, as amended. See Indiana Code 23-1-43-9
  • Executor: A male person named in a will to carry out the decedent
  • Exit: means a continuous and unobstructed means of egress to a public way designated as an exit pursuant to the rules of the commission. See Indiana Code 22-11-17-1
  • expenses: include counsel fees. See Indiana Code 23-1-37-3
  • Explosive composition: means a chemical or mixture of chemicals that produces an audible effect by deflagration or detonation when ignited. See Indiana Code 22-11-14-1
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • fire department: has the meaning set forth in IC 22-12-1-12. See Indiana Code 22-11-21-6
  • Firework: means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. See Indiana Code 22-11-14-1
  • fund: refers to the fire training infrastructure fund established by section 2 of this chapter. See Indiana Code 22-14-6-1
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • heating oil tank: means an above ground or underground tank used to store heating oil for use as a fuel in heating a residential property. See Indiana Code 22-12-9-1
  • Hoisting engineer: means an individual who is capable of transporting people and material in and out of a mine by means of a hoist. See Indiana Code 22-10-3-1
  • Hotels and motels: means buildings or structures kept, maintained, used, advertised, or held out to the public as inns or places where sleeping accommodations are furnished for hire for transient guests. See Indiana Code 22-11-18-1
  • illegal use of drugs: has the meaning set forth in IC 22-9-5-12. See Indiana Code 22-10-15-2
  • Importer: means :

    Indiana Code 22-11-14-1

  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • indoor pyrotechnics: means controlled exothermic chemical reactions that are timed to create the effects of heat, gas, sound, dispersion of aerosols, emission of visible electromagnetic radiation, or a combination of these effects to provide the maximum effect from the least volume (as provided in National Fire Protection Association Standard 1126 (2001 edition)). See Indiana Code 22-11-14.5-1
  • Indoor pyrotechnics special effects material: means a chemical material that is clearly labeled by the manufacturer as suitable for indoor use (as provided in National Fire Protection Association Standard 1126 (2001 edition)). See Indiana Code 22-11-14-1
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • inspection: means :

    Indiana Code 4-21.5-2.5-4

  • inspection agency: means :

    Indiana Code 22-15-6-4

  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • interest: means interest from the effective date of the corporate action until the date of payment, at the average rate currently paid by the corporation on its principal bank loans or, if none, at a rate that is fair and equitable under all the circumstances. See Indiana Code 23-1-44-4
  • interested person: refers to a person that has a dispute with a county or a municipality regarding the interpretation of a building law or a fire safety law. See Indiana Code 22-13-5-1
  • Interested persons: means the director, safety personnel designated by the operator, state and federal coal mine inspectors, and, to the extent required by law, any other person. See Indiana Code 22-10-3-1
  • interested shareholder: when used in reference to any resident domestic corporation, means any person (other than the resident domestic corporation or any subsidiary of the resident domestic corporation) that is:

    Indiana Code 23-1-43-10

  • interested shares: means the shares of an issuing public corporation in respect of which any of the following persons may exercise or direct the exercise of the voting power of the corporation in the election of directors:

    Indiana Code 23-1-42-3

  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Interstate wholesaler: means a person who is engaged in interstate commerce selling fireworks. See Indiana Code 22-11-14-1
  • issuing public corporation: means a corporation that has:

    Indiana Code 23-1-42-4

  • Landlord: has the meaning set forth in IC 32-31-3-3. See Indiana Code 22-11-18-1
  • law: includes the following:

    Indiana Code 22-11-20-5

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • liability: means the obligation to pay a judgment, settlement, penalty, fine (including an excise tax assessed with respect to an employee benefit plan), or reasonable expenses incurred with respect to a proceeding. See Indiana Code 23-1-37-4
  • Liquefied petroleum gas: means any material composed predominantly of any of the following hydrocarbons or mixtures of the same: propane, propylene, butanes (normal butane and isobutane), and butylenes. See Indiana Code 22-11-15-2
  • Manufacturer: means a person engaged in the manufacture of fireworks. See Indiana Code 22-11-14-1
  • manufacturer: means :

    Indiana Code 22-14-7-4

  • market value: when used in reference to shares or property of any resident domestic corporation, means the following:

    Indiana Code 23-1-43-11

  • Mine: means an underground commercial coal mine. See Indiana Code 22-10-3-1
  • Mine electrician: means a properly certified individual who can perform electrical work in:

    Indiana Code 22-10-3-1

  • Mine examiner: means a properly certified person designated by the mine foreman to examine the mine for gas and other dangers. See Indiana Code 22-10-3-1
  • Mine foreman: means the person charged with the responsibility of the general supervision of the underground working of a mine and the persons employed in the mine and for the health and safety of those employees. See Indiana Code 22-10-3-1
  • Mine inspector: means the person appointed to assist in administering this article. See Indiana Code 22-10-3-1
  • Mine Safety Administration: refers to the Mine Safety and Health Administration, United States Department of Labor. See Indiana Code 22-10-3-1
  • Mining laws: means :

    Indiana Code 22-10-3-1

  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipality: has the meaning set forth in IC 36-1-2-11. See Indiana Code 22-11-14-1
  • 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.
  • office: refers to the office of environmental adjudication established by section 3 of this chapter. See Indiana Code 4-21.5-7-2
  • official capacity: means :

    Indiana Code 23-1-37-5

  • Operator: means an individual, firm, association, partnership, limited liability company, or corporation operating an underground coal mine or any part of a mine. See Indiana Code 22-10-3-1
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means :

    Indiana Code 22-11-15-2

  • owner: means a person having control or custody of any building covered by this chapter. See Indiana Code 22-11-16-1
  • Owner: means a person having control or custody of any building covered by this chapter. See Indiana Code 22-11-17-1
  • Owner: means a person having control or custody of any building covered by this chapter. See Indiana Code 22-11-18-1
  • party: includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. See Indiana Code 23-1-37-6
  • Party popper: means a small plastic or paper item containing not more than sixteen (16) milligrams of explosive composition that is friction sensitive. See Indiana Code 22-11-14-1
  • permittee: includes a successor in interest to an applicant or permittee, a renamed applicant or permittee, a trustee in bankruptcy of an applicant or a permittee, a reorganized form of an applicant or permittee following merger, acquisition, or any other successor entity. See Indiana Code 22-15-7-0.5
  • Person: means an individual, an association, an organization, a limited liability company, or a corporation. See Indiana Code 22-11-14-1
  • Person: includes any individual, firm, limited liability company, or corporation and their affiliates. See Indiana Code 22-11-15-2
  • Person: means an individual, corporation, partnership, association, or other legal entity. See Indiana Code 22-11-18-1
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • pool retailer: means a person who sells an above ground swimming pool for installation on property that:

    Indiana Code 22-12-10-3

  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • preferred shares: means any class or series of shares of a resident domestic corporation that under the bylaws or articles of incorporation of the resident domestic corporation:

    Indiana Code 23-1-43-12

  • preferred shares: means a class or series of shares in which the holders of the shares have preference over any other class or series with respect to distributions. See Indiana Code 23-1-44-4.5
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • proceeding: means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal. See Indiana Code 23-1-37-7
  • Public building: means any structure used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public, or by three (3) or more tenants. See Indiana Code 22-11-17-1
  • Pyrotechnic composition: means a mixture of chemicals that produces a visible or audible effect by combustion rather than deflagration or detonation. See Indiana Code 22-11-14-1
  • qualifying property: means any property subject to this chapter. See Indiana Code 22-11-21-7
  • quality control and quality assurance program: means the laboratory procedures implemented to ensure that:

    Indiana Code 22-14-7-5

  • real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
  • record shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent that treatment as a record shareholder is provided under a recognition procedure or a disclosure procedure established under IC 23-1-30-4. See Indiana Code 23-1-44-5
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rental unit: has the meaning set forth in IC 32-31-3-8. See Indiana Code 22-11-18-1
  • repealed statute: refers to any of the following repealed by P. See Indiana Code 23-1-17.3-1
  • repeatability: means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent (95%) of the time. See Indiana Code 22-14-7-6
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • resident domestic corporation: means a corporation that has one hundred (100) or more shareholders. See Indiana Code 23-1-43-13
  • Responding fire department: means the paid fire department or volunteer fire department that renders fire protection services to a political subdivision. See Indiana Code 22-11-14-1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • retail dealer: means a person, other than a manufacturer or wholesale dealer, that sells cigarettes. See Indiana Code 22-14-7-7
  • Retail sales stand: means a temporary business site or location where goods are to be sold. See Indiana Code 22-11-14-1
  • Retailer: means a person who purchases fireworks for resale to consumers. See Indiana Code 22-11-14-1
  • sale: means any of the following:

    Indiana Code 22-14-7-8

  • SAMHSA: means the United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration. See Indiana Code 22-10-15-3
  • sell: means to:

    Indiana Code 22-14-7-9

  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • share: means :

    Indiana Code 23-1-43-14

  • shareholder: means the record shareholder or the beneficial shareholder. See Indiana Code 23-1-44-7
  • Shot-firer: means a properly certified person designated by the mine foreman to perform the functions as required in this article in connection with breaking down coal or rock. See Indiana Code 22-10-3-1
  • Single level dwellings: means all single level (no more than one (1) level above ground) hotels and motels that have no interior corridors, and whose individual rooms have exterior exits. See Indiana Code 22-11-18-1
  • Sky rocket: means a device that:

    Indiana Code 22-11-14-1

  • Smoke detector: means a device which senses visible or invisible particles of combustion and conforms to the minimum standards for type, components, and maintenance prescribed by the National Fire Protection Association. See Indiana Code 22-11-18-1
  • Special discharge location: means a location designated for the discharge of consumer fireworks by individuals in accordance with rules adopted under section 3. See Indiana Code 22-11-14-1
  • Special egress control device: means an exit locking system that:

    Indiana Code 22-11-17-1

  • Special fireworks: means fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation, including firecrackers containing more than one hundred thirty (130) milligrams of explosive composition, aerial shells containing more than forty (40) grams of pyrotechnic composition, and other exhibition display items that exceed the limits for classification as consumer fireworks. See Indiana Code 22-11-14-1
  • structure: means a Class 1 or Class 2 structure. See Indiana Code 22-11-21-8
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • swimming pool: has the meaning set forth in 675 IAC 20-1. See Indiana Code 22-12-10-4
  • Tenant: has the meaning set forth in IC 32-31-3-10. See Indiana Code 22-11-18-1
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • under common control with: means the possession (directly or indirectly) of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. See Indiana Code 23-1-43-8
  • unit: means a county, city, or town. See Indiana Code 22-15-3.3-4
  • UPC bar code: means the universal product code or another product identification code that includes:

    Indiana Code 22-14-7-10

  • Venue: The geographical location in which a case is tried.
  • 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
  • voting shares: means shares of capital stock of a corporation entitled to vote generally in the election of directors. See Indiana Code 23-1-43-17
  • wholesale dealer: means any of the following:

    Indiana Code 22-14-7-11

  • Wholesaler: means a person who purchases fireworks for resale to retailers. See Indiana Code 22-11-14-1