Bill Text: IN HB1130 | 2011 | Regular Session | Amended
Bill Title: Opportunity to correct violation.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-02-17 - First reading: referred to Committee on Public Policy [HB1130 Detail]
Download: Indiana-2011-HB1130-Amended.html
Citations Affected: IC 4-21.5.
Synopsis: Opportunity to correct violation. Imposes a duty on an
agency under certain circumstances to give a person an opportunity to
correct an alleged violation of law that is discovered in an inspection.
Effective: July 1, 2011.
January 6, 2011, read first time and referred to Committee on Government and Regulatory
Reform.
January 11, 2011, reported _ Do Pass.
February 14, 2011, read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Chapter 2.5. Opportunity to Correct
Sec. 1. Except as provided in sections 2 and 3 of this chapter, this chapter applies to the resolution of an alleged violation of a state rule within the jurisdiction of an agency that is discovered in an inspection conducted after June 30, 2011.
Sec. 2. This chapter does not apply if:
(1) 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; or
(D) constitutes an immediate risk to:
(i) any person;
(ii) the public health, safety, or welfare; or
(iii) the environment;
(2) another statute (including IC 13-30-3) provides a
substantially similar procedure for correction of an alleged
violation of a rule 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) application of this chapter to a violation would violate a
federal law or regulation;
(4) the alleged violation is a violation of an ethics code or
another rule 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
(5) the alleged violation was discovered as part of the
preparation of a health care licensing and certification survey
by the department of health.
Sec. 3. This chapter does not limit an agency's authority to issue
an emergency or a temporary order under IC 4-21.5-4 or another
law if:
(1) an emergency exists; or
(2) a statute authorizes the agency to issue a temporary order
or otherwise take immediate agency action.
Sec. 4. As used in this chapter, "inspection" means:
(1) visual analysis; or
(2) performance of tests;
undertaken to evaluate the operation, use, or condition of real or
personal property.
Sec. 5. As used in this chapter, "violation" refers to a violation
of a state rule adopted by an agency.
Sec. 6. If an investigation discloses a possible violation, the
agency shall proceed under:
(1) section 7 of this chapter; or
(2) first section 7 of this chapter and then section 10 of this
chapter.
Sec. 7. The agency shall:
(1) notify the alleged violator in writing that the agency
believes a violation may exist; and
(2) extend an offer in writing to the alleged violator giving the
alleged violator an opportunity to enter into a corrective plan
to correct the alleged violation before the agency imposes a
civil penalty or takes another enforcement action permitted
under section 10 of this chapter or another law.
Sec. 8. (a) The notice to the alleged violator under section 7 of
this chapter must include the following:
(1) A description of the actions that must be taken to correct
the alleged violation.
(2) The date before which the alleged violator must enter into
a corrective plan with the agency in order to avoid an
enforcement action under section 10 of this chapter or
another law.
(3) A statement that an alleged violator may enter into a
corrective plan without admitting that the violation occurred.
(b) The agency may condition an offer on a requirement that the
alleged violator take one (1) or more actions to protect the safety
and property of other persons during the time in which the alleged
violator reviews the proposed corrective plan.
(c) A corrective plan must require the alleged violator to notify
the agency within the time specified in the corrective plan that the
violation has been corrected.
Sec. 9. The agency shall determine if the alleged violator has
substantially corrected the violation and notify the person whether
the person is in substantial compliance with the applicable rule not
more than thirty (30) days after the earlier of the date that:
(1) the alleged violation must be corrected under the
corrective plan; or
(2) the alleged violator notifies the agency that the alleged
violator has corrected the violation.
Sec. 10. If:
(1) a corrective plan is not entered into; or
(2) an alleged violator fails to substantially correct an alleged
violation within the time specified in a corrective plan entered
into under this chapter;
the agency may issue a corrective order and take any enforcement
action authorized by law for the violation.
Sec. 11. The following are public records:
(1) A corrective plan entered into under this chapter.
(2) The results of an inspection under section 9 of this chapter.
(3) Any corrective order described in section 10 of this chapter are public records.
An agency shall retain the public records described in subdivisions (1) through (3) in accordance with the appropriate retention schedule established under IC 5-15.
