There is created a department of labor, which shall be administered by a commissioner of labor. ...
(a) The commissioner of labor shall be appointed by the governor for a term not to exceed four (4) years and shall serve at the will of the governor and until his successor shall have been...
(a) Any individual appointed commissioner of labor who: (1) In order to perform the duties of office has left or leaves a position or employment, other than a temporary position or employment,...
(a) The department of labor shall be provided with adequate offices in the state capitol building or in some other suitable building in Indianapolis, in which its records shall be kept and its...
The following bureaus are created within the department of labor: (1) The bureau of mines and mine safety. (2) The bureau of child labor. ...
(a) The bureau of mines and mining safety shall do the following: (1) Have immediate charge of the administration of the underground mine laws of this state; (2) Provide safety consultation...
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The commissioner of labor may do the following: (1) Make or cause to be made all necessary inspections to see that all of the laws and rules enacted or adopted for that purpose and that the...
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Every employer and place of employment under the jurisdiction of the department of labor created by this chapter shall: (1) Furnish employment that is safe for the employees therein; (2)...
The commissioner of labor is authorized and directed to do the following: (1) To investigate and adopt rules under IC 4-22-2 prescribing what safety devices, safeguards, or other means of...
(a) If there will be practical difficulties or unnecessary hardships in carrying out any rule, order, or determination of the commissioner of labor, the commissioner of labor may, after a public...
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(a) Every employer, employee, owner or other person shall furnish to the commissioner of labor any information which the commissioner of labor is authorized to require, and shall make true and...
The commissioner of labor and his authorized representative shall have the power and the authority to enter any place of employment for the purpose of collecting facts and statistics relating to...
The commissioner of labor and any officer or employee of the department of labor designated by the commissioner, in the performance of any duty, or the execution of any power prescribed by law,...
It shall be the duty of the several prosecuting attorneys of the respective judicial circuits or the attorney-general of the state of Indiana on the relation of the state of Indiana, upon the...
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All personnel excepting the Commissioner of Labor and his deputies shall be employed according to the provisions of the State Personnel Act, the same being IC 1971, 4-15-2. ...
The Commissioner of Labor shall prepare job specifications for the use of the Department of Administration which specifications shall be considered as advisory and may be amended and changed by...
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This chapter shall be known and may be cited as the Minimum Wage Law of 1965. ...
There are persons employed in some occupations in the state of Indiana at wages insufficient to provide adequate maintenance for themselves and their families. Such employment impairs the health,...
As used in this chapter: Commissioner means the commissioner of labor or the commissioner's authorized representative. Department means the department of labor. Occupation means an industry,...
(a) Every employer employing four (4) or more employees during a work week shall: (1) in any work week beginning on or after July 1, 1968, in which he is subject to the provisions of this...
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Every employer subject to the provisions of this chapter or to any rule or order issued under this chapter shall furnish to each employee a statement of the hours worked by the employee and the...
Nothing in this chapter shall be deemed to authorize or permit the payment to any employee of a lower rate of pay than may be prescribed by any other applicable law. ...
(a) An employer or his agent who: (1) Discharges or otherwise discriminates in regard to tenure or condition of employment against any employee because the employee has: (A) Instituted or...
An employer who consistently discharges persons within four (4) weeks of their employment and replaces the discharged person without work stoppage commits a Class A infraction. ...
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(a) As used in this section, financial institution means a financial institution regulated by an agency of the United States or any state. (b) Every corporation, limited liability company,...
A person who publishes, issues, or circulates any check, card, or other paper, which is not commercial paper payable at a fixed time in any bank in this state, at its full face value, in lawful...
It is a Class C infraction for a person to knowingly sell to his employee any merchandise or supplies at a higher price than the merchandise or supplies are sold to others for cash. ...
(a) Every person, firm, corporation, limited liability company, or association, their trustees, lessees, or receivers appointed by any court, doing business in Indiana, shall pay each employee at...
Salaried employees who are eligible for overtime compensation under the Fair Labor Standards Act
Every such person, firm, corporation, limited liability company, or association who shall fail to make payment of wages to any such employee as provided in section 1 [IC 22-2-5-1] of this chapter...
Farmers and those engaged in the business of agriculture and horticulture shall be specifically exempt from the provisions of this chapter. ...
(a) Any direction given by an employee to an employer to make a deduction from the wages to be earned by said employee, after said direction is given, shall constitute an assignment of the wages...
(a) Any assignment of the wages of an employee is valid only if all of the following conditions are satisfied: (1) The assignment is: (A) in writing; (B) signed by the employee...
All deductions made before July 1, 1988, by an employer from the wages of an employee, at the request of the employee, or without the objection of the employee, provided the amount so deducted was...
(a) If an employer has overpaid an employee, the employer may deduct from the wages of the employee the amount of the overpayment. A deduction by an employer for reimbursement of an overpayment of...
(a) Any person, company, corporation, limited liability company, or association loaning money directly or indirectly to any employee or wage earner, except the employer of the employee, upon the...
No assignment of his or her wages or salary by any employee or wage earner to any wage broker or any other person for his benefit shall be valid or enforceable, nor shall any employer or debtor...
(a) No assignment of wages by a married person who is living with the person's spouse residing in Indiana to any wage broker shall be valid or enforceable without the consent of the spouse,...
No assignment of wages shall be valid or enforceable unless notice in writing of the same, accompanied by a copy of the assignment, shall be given to the employer or debtor within ten (10) days...
Every purchase of a wage broker of an assignment of the wages of any employee or wage earner shall be held and considered to be a loan in the sum and of the amount actually paid to and received by...
A person who recklessly violates this chapter commits a Class B misdemeanor. ...
Any note, bill, or other evidence of indebtedness and any assignment of wages or salary given to or received by any wage broker or any other person in violation of any of the provisions of this...
It is unlawful for any employer to assess a fine on any pretext against any employee and retain the same or any part thereof from his wages. An employer who violates this section commits a Class C...
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It is hereby made the duty of the commissioner of labor to enforce the provisions of this chapter by the processes of the courts, and in the name of the state; and, upon his failure so to do, any...
Whenever used in this chapter: (a) The term employer means and includes every person, firm, partnership, association, corporation, limited liability company, receiver, or other officer of any...
(a) Whenever any employer separates any employee from the pay-roll, the unpaid wages or compensation of such employee shall become due and payable at regular pay day for pay period in which...
(a) It shall be the duty of the commissioner of labor to enforce and to insure compliance with the provisions of this chapter, to investigate any violations of any of the provisions of this...
The commissioner of labor is hereby authorized to take assignments of wage claims of less than eight hundred dollars ($ 800.00), rights of action for penalties, mechanics and other liens of...
(a) In all actions brought by the labor commissioner as assignee under section 5 [IC 22-2-9-5] of this chapter, no court costs of any nature shall be required to be advanced nor shall any bond or...
Nothing in this chapter shall be construed to repeal IC 22-2-5. ...
Hereafter, when the property of any company, corporation, limited liability company, firm or person, engaged in any manufacturing, mechanical, agricultural or other business or employment, or in...
Any person having wages due and unpaid from any lessee as provided in section one [IC 22-2-11-1], shall have a right of action in the name of the state of Indiana on the relation of such person on...
A person who fails to file the bond as provided in section 1 [IC 22-2-11-1] of this chapter commits a Class C infraction; each day business is conducted without the filing of the bond constitutes...
Whenever payment or refund is made to an employee, former employee, or his beneficiary or his heirs, legatees or the representative of his estate pursuant to a written retirement, death, or other...
Should said payment or refund made as provided in section 1 [IC 22-2-12-1] of this chapter be comprised in whole or in part of stock in any corporation, such corporation may accept said stock for...
Nothing contained in this chapter shall affect any claim or right to any such payment or refund or part thereof as between all persons other than the employer or former employer and the trustee...
(a) This section applies to an employer who has contracted in writing to make payments to an employee welfare plan, vacation plan, health plan, dental plan, insurance plan, supplemental...
(a) There is hereby created the worker's compensation board of Indiana, which shall consist of seven (7) members, not more than four (4) of whom shall belong to the same political party, appointed...
The worker's compensation board shall administer the worker's compensation law (IC 22-3-2 through IC 22-3-6). ...
(a) The worker's compensation board may adopt rules under IC 4-22-2 to carry into effect the worker's compensation law (IC 22-3-2 through IC 22-3-6) and the worker's occupational diseases law (IC...
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(a) Every employer and every employee, except as stated in IC 22-3-2 through IC 22-3-6, shall comply with the provisions of IC 22-3-2 through IC 22-3-6 respectively to pay and accept compensation...
(a) As used in this section, rostered volunteer means a volunteer: (1) Whose name has been entered on a roster of volunteers for a volunteer program operated by a unit; and (2) Who has...
(a) As used in this section, school to work student refers to a student participating in on-the-job training under the federal School to Work Opportunities Act
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(a) Every contract of service between any employer and employee covered by IC 22-3-2 through IC 22-3-6, written or implied, in operation on May 21, 1929, or made or implied prior to May 21, 1929,...
The rights and remedies granted to an employee subject to IC 22-3-2 through IC 22-3-6 on account of personal injury or death by accident shall exclude all other rights and remedies of such...
Nothing in IC 22-3-2 through IC 22-3-6 shall be construed to relieve any employer or employee from penalty for failure or neglect to perform any statutory duty. ...
No compensation is allowed for an injury or death due to the employee's knowingly self-inflicted injury, his intoxication, his commission of an offense, his knowing failure to use a safety...
(a) IC 22-3-2 through IC 22-3-6 shall not apply to casual laborers (as defined in IC 22-3-6-1) nor to farm or agricultural employees, nor to household employees, nor to the employers of such...
Whenever an injury or death, for which compensation is payable under chapters 2 through 6 of this article shall have been sustained under circumstances creating in some other person than the...
(a) As used in this section, person does not include an owner who contracts for performance of work on the owner's owner occupied residential property. (b) The state, any political division...
(a) No contract, agreement (written or implied), rule, or other device shall, in any manner, operate to relieve any employer in whole or in part of any obligation created by IC 22-3-2 through IC...
All rights of compensation granted by IC 22-3-2 through IC 22-3-6 shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for any...
The provisions of IC 22-3-2 through IC 22-3-6 shall apply to the state, to all political divisions thereof, to all municipal corporations within the state, to persons, partnerships, limited...
IC 22-3-2 through IC 22-3-6 shall not apply to employees and employers engaged in interstate or foreign commerce wherein the laws of the United States provide for compensation or for liability for...
(a) Each employer subject to IC 22-3-2 through IC 22-3-6 shall post a notice in the employer's place of business to inform the employees that their employment is covered by worker's compensation....
Unless the employer or his representative shall have actual knowledge of the occurrence of an injury or death at the time thereof or shall acquire such knowledge afterward, the injured employee or...
The notice provided for in the preceding section [IC 22-3-3-1] shall state the name and address of the employee, the time, place, nature and cause of the injury or death, and shall be signed by...
(a) After an injury and prior to an adjudication of permanent impairment, the employer shall furnish or cause to be furnished, free of charge to the employee, an attending physician for the...
The pecuniary liability of the employer for medical, surgical, hospital and nurse service herein required shall be limited to such charges as prevail as provided under IC 22-3-6-1(j), in the same...
(a) A medical service provider or a medical service provider's agent, servant, employee, assignee, employer, or independent contractor on behalf of the medical service provider may not knowingly...
(a) A billing review service shall adhere to the following requirements to determine the pecuniary liability of an employer or an employer's insurance carrier for a specific service or product...
(a) After an injury and during the period of claimed resulting disability or impairment, the employee, if so requested by the employee's employer or ordered by the industrial board, shall submit...
For purposes of this chapter, the average weekly wages of a public employee shall be determined without regard to any salary reduction agreement under Section 125 of the Internal Revenue Code. ...
With respect to injuries occurring prior to April 1, 1951, causing temporary total disability for work there shall be paid to the injured employee during such total disability for work a weekly...
With respect to injuries occurring prior to April 1, 1951 causing temporary partial disability for work, compensation shall be paid to the injured employee during such disability, as prescribed in...
(a) With respect to injuries in the following schedule occurring prior to April 1, 1951, the employee shall receive in addition to temporary total disability benefits not exceeding twenty-six (26)...
(a) If an injured employee, only partially disabled, refuses employment suitable to his capacity procured for him, he shall not be entitled to any compensation at any time during the continuance...
If an employee receives an injury for which compensation is payable while he is still receiving or entitled to compensation for a previous injury in the same employment, he shall not at the same...
If an employee receives a permanent injury such as specified in section 10 [IC 22-3-3-10] of this chapter after having sustained another permanent injury in the same employment, he shall be...
When an employee has been awarded or is entitled to an award of compensation for a definite period under IC 22-3-2 through IC 22-3-6 for an injury occurring prior to April 1, 1945, and dies from...
(a) The following persons are conclusively presumed to be wholly dependent for support upon a deceased employee and shall constitute the class known as presumptive dependents in section 18 [IC...
Total or partial dependents in fact shall include only those persons related to the deceased employee by blood or by marriage, except an unmarried child under the age of eighteen (18) years. Any...
In all cases of the death of an employee from an injury by an accident arising out of and in the course of the employee's employment under such circumstances that the employee would have been...
(a) In computing the compensation under this law with respect to injuries occurring on and after April 1, 1963, and prior to April 1, 1965, the average weekly wages shall be considered to be not...
(a) Any payments made by the employer to the injured employee during the period of his disability, or to his dependents, which by the terms of IC 22-3-2 through IC 22-3-6 were not due and payable...
When so provided in the compensation agreement or in the award of the worker's compensation board, compensation may be paid semimonthly, or monthly, instead of weekly. ...
(a) In unusual cases, upon the agreement of the employer and the employee or his dependents, and the insurance carrier, and the approval of the worker's compensation board, compensation may be...
Whenever the worker's compensation board deems it expedient, any lump sum under section 25 [IC 22-3-3-25] of this chapter shall be paid by the employer to some suitable person or corporation...
(a) The power and jurisdiction of the worker's compensation board over each case shall be continuing and from time to time it may, upon its own motion or upon the application of either party, on...
If any injured employee or a dependent is under guardianship at the time when any right or privilege accrues to the employee or dependent under IC 22-3-2, IC 22-3-3, IC 22-3-4, IC 22-3-5, or IC...
No limitation of time provided in IC 22-3-2 through IC 22-3-6 shall run against any person who is mentally incompetent or a minor so long as he has no guardian or trustee. ...
Whenever any employee for whose injury or death compensation is payable under IC 22-3-2 through IC 22-3-6 shall at the time of the injury be in the joint service of two (2) or more employers...
The provisions of this article may not be construed to result in an award of benefits in which the number of weeks paid and to be paid for temporary total disability, temporary partial disability,...
The board shall be provided with adequate offices in the capitol or some other suitable building in the city of Indianapolis in which the records shall be kept and its official business be...
(a) The board shall prepare and cause to be printed, and upon request furnish free of charge to any employer or employee, such blank forms and literature as it shall deem requisite to facilitate...
If after seven (7) days from the date of the injury or at any time in case of death, the employer and the injured employee or his dependents reach an agreement in regard to compensation under IC...
(a) If the employer and the injured employee or the injured employee's dependents disagree in regard to the compensation payable under IC 22-3-2 through IC 22-3-6 or, if they have reached such an...
The board by any or all of its members shall hear the parties at issue, their representatives and witnesses, and shall determine the dispute in a summary manner. The award shall be filed with the...
If an application for review is made to the board within thirty (30) days from the date of the award made by less than all the members, the full board, if the first hearing was not held before the...
(a) Upon order of the worker's compensation board made after five (5) days notice is given to the opposite party, any party in interest may file in the circuit or superior court of the county in...
In all proceedings before the worker's compensation board or in a court under IC 22-3-2 through IC 22-3-6, the costs shall be awarded and taxed as provided by law in ordinary civil actions in the...
The board or any member thereof may, upon the application of either party or upon its own motion, appoint a disinterested and duly qualified physician or surgeon to make any necessary medical...
(a) The worker's compensation board, upon hearing a claim for benefits, has the exclusive jurisdiction to determine whether the employer, the employer's worker's compensation administrator, or the...
Every employer paying compensation directly without insurance and every insurance carrier paying compensation in behalf of an employer shall, within ten (10) days from the termination of the...
(a) Every employer under IC 22-3-2 through IC 22-3-6, except those exempted by IC 22-3-2-5, shall: (1) Insure and keep insured the employer's liability under IC 22-3-2 through IC 22-3-6 in some...
An employer required to carry insurance under IC 22-3-2-5 and section 1 [IC 22-3-5-1] of this chapter shall file with the worker's compensation board, in the form prescribed by it, within ten (10)...
(a) Whenever an employer has complied with the provisions of section 1 [IC 22-3-5-1] of this chapter relating to self-insurance, the worker's compensation board shall issue to such employer a...
(a) Subject to the approval of the worker's compensation board, any employer may enter into or continue any agreement with the employer's employees to provide a system of compensation, benefit, or...
(a) No insurer shall enter into or issue any policy of insurance under IC 22-3-2 through IC 22-3-6 until its policy form shall have been submitted to and approved by the department of insurance....
(a) Each insurer entering into or issuing an insurance policy under IC 22-3-2 through IC 22-3-7 may, as a part of the policy or as an optional endorsement to the policy, offer deductibles or...
(a) The worker's compensation supplemental administrative fund is established for the purpose of carrying out the administrative purposes and functions of the worker's compensation board. The fund...
In IC 22-3-2 through IC 22-3-6, unless the context otherwise requires: (a) Employer includes the state and any political subdivision, any municipal corporation within the state, any...
(a) For the purpose of complying with IC 22-3-5-1, groups of employers are hereby authorized to form mutual insurance associations or reciprocal or interinsurance exchanges subject to such...
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(a) As used in this section, school to work student refers to a student participating in on-the-job training under the federal School to Work Opportunities Act
(a) An employer who is exempt under this section from the operation of the compensation provisions of this chapter may at any time waive such exemption and thereby accept the provisions of this...
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On and after April 1, 1963, the provisions of this chapter shall apply to the state, to all political divisions thereof, to all municipal corporations within the state, to persons, partnerships,...
The rights and remedies granted under this chapter to an employee subject to this chapter on account of disablement or death by occupational disease arising out of and in the course of the...
Nothing in this chapter shall be construed to relieve any employer or employee from penalty for failure or neglect to perform any statutory duty. ...
Every employer and employee under this chapter shall be bound by the provisions of this chapter whether exposure and disablement therefrom or death resulting from an occupational disease occurs...
(a) As used in this chapter, employer includes the state and any political subdivision, any municipal corporation within the state, any individual or the legal representative of a deceased...
As used in section 9(c) [IC 22-3-7-9(c)] of this chapter, the term violation of the child labor laws of this state means a violation of IC 20-8.1-4-25. The term does not include a violation of...
(a) As used in this chapter, occupational disease means a disease arising out of and in the course of the employment. Ordinary diseases of life to which the general public is exposed outside of...
For purposes of this chapter, the average weekly wages of a public employee shall be determined without regard to any salary reduction agreement under Section 125 of the Internal Revenue Code. ...
On and after April 1, 1957, and prior to April 1, 1967, when death results from an occupational disease within four hundred (400) weeks, there shall be paid to total dependents of said deceased,...
(a) Dependents under this chapter shall consist of the following three (3) classes: (1) Presumptive dependents. (2) Total dependents in fact. (3) Partial dependents in fact. (b)...
(a) The following persons are conclusively presumed to be wholly dependent for support upon a deceased employee and shall constitute the class known as presumptive dependents in section 12 [IC...
Total or partial dependents in fact shall include only those persons related to the deceased employee by blood or by marriage, except an unmarried child under eighteen (18) years of age. Any such...
In all cases of the death of an employee from an occupational disease arising out of and in the course of the employee's employment under such circumstances that the employee would have been...
(a) Compensation shall be allowed on account of disablement from occupational disease resulting in only temporary total disability to work or temporary partial disability to work beginning with...
(a) During the period of disablement, the employer shall furnish or cause to be furnished, free of charge to the employee, an attending physician for the treatment of his occupational disease, and...
(a) A medical service provider or a medical service provider's agent, servant, employee, assignee, employer, or independent contractor on behalf of the medical service provider may not knowingly...
(a) A billing review service shall adhere to the following requirements to determine the pecuniary liability of an employer or an employer's insurance carrier for a specific service or product...
(a) Any employer or employee or beneficiary who shall desire to have such compensation, or any unpaid part thereof, paid in a lump sum, may petition the worker's compensation board, asking that...
(a) In computing compensation for temporary total disability, temporary partial disability, and total permanent disability under this law with respect to occupational diseases occurring: (1) on...
(a) After disablement and during the period of claimed resulting disability or impairment, the employee, if so requested by the employee's employer or ordered by the worker's compensation board,...
(a) No compensation is allowed for any condition of physical or mental ill-being, disability, disablement, or death for which compensation is recoverable on account of accidental injury under...
(a) The members of the board and its assistants shall be entitled to receive from the state their actual and necessary expenses while traveling on the business of the board, but such expenses...
The worker's compensation board shall have jurisdiction over the operation and administration of the compensation provisions of this chapter, the board shall perform all of the duties imposed upon...
(a) The worker's compensation board may make rules not inconsistent with this chapter for carrying out the provisions of this chapter. Processes and procedures under this chapter shall be as...
The board shall prepare and cause to be printed, and upon request furnish free of charge to any employer or employee, such blank forms and literature as it shall deem requisite to facilitate or...
All disputes arising under this chapter, except section 3 [IC 22-3-7-3] of this chapter, if not settled by the agreement of the parties interested therein, with the approval of the board, shall be...
(a) If the employer and the employee or the employee's dependents disagree in regard to the compensation payable under this chapter, or, if they have reached such an agreement, which has been...
In order to prevent the accumulation of unnecessary and useless files of papers, the board, in its discretion, may destroy all papers which have been on file for more than two (2) years when there...
(a) All rights of compensation granted by this chapter shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for any unpaid wages...
(a) If, after seven (7) days from the date of disablement or any time, in case of death, the employer and the employee or his dependents reach an agreement in regard to compensation under this...
(a) No employee, personal representative, or beneficiary shall have power to waive any of the provisions of this chapter in regard to the amount of compensation which may be payable to such...
(a) No proceedings for compensation under this chapter shall be maintained unless notice has been given to the employer of disablement arising from an occupational disease as soon as practicable...
(a) An employee shall be conclusively deemed to have been exposed to the hazards of an occupational disease when for any length of time, however short, he is employed in an occupation or process...
(a) As used in this section, person does not include an owner who contracts for performance of work on the owner's owner occupied residential property. (b) Every employer bound by the...
(a) As used in this section, independent contractor refers to a person described in section 9(b)(5) [IC 22-3-7-9(b)(5)] of this chapter. (b) As used in this section, person means an...
No contract or agreement, written or implied, rule, regulation, or other device shall in any manner operate to relieve any employer, in whole or in part, of any obligation created by this chapter,...
(a) Whenever disablement or death from an occupational disease arising out of and in the course of the employment for which compensation is payable under this chapter, shall have been sustained...
(a) Every employer operating under the compensation provisions of this chapter shall keep a record of all disablements by occupational disease, fatal or otherwise, received by his employees in the...
Any person representing any plaintiff or defendant in the prosecution or defense of any claim or claims before the worker's compensation board must be admitted to practice law in the circuit or...
(a) All persons so representing plaintiffs or defendants as provided by section 1 [IC 22-3-8-1] of this chapter shall first register their names with the worker's compensation board in a manner...
Any person, firm, limited liability company, or corporation while engaged in business, trade or commerce within this state, and employing in such business, trade or commerce five (5) or more...
In any action prosecuted under the provisions of this chapter the burden of proving that such injured or killed employee did not use due care and diligence at the time of such injury or death...
In any action brought against any employer under or by virtue of this chapter to recover damages for injuries or the death of any of his, its, or their employees, such employee shall not be held...
The damages recoverable under this chapter shall be commensurate with the injuries sustained, and in case death results from such injury the action shall survive; provided, that where any such...
Any contract, rule, regulation, bylaw, or device whatsoever, the purpose, intent, or effect of which would be to enable any employer to exempt himself or itself from any liability created by this...
Where any action is brought on account of the death of any person under this chapter, the liability of any such employer shall not exceed ten thousand dollars ($ 10,000), and the provisions of the...
All questions of assumption of risk, negligence or contributory negligence shall be questions of fact for the jury to decide, unless the cause is being tried without a jury, in which case, such...
No action shall be maintained under this chapter unless the same is commenced within two (2) years from the date the cause of action accrued. ...
This chapter shall not apply to injuries received by any employee before March 2, 1911, nor affect any suit or legal proceedings pending in any court on March 2, 1911. ...
This chapter shall be construed as supplemental to all statutes in force on March 2, 1911, concerning employers and employees and shall repeal only such statutes as are in direct conflict with the...
All contracts between employer and employee releasing the employer from liability for damages arising out of the negligence of the employer by which the employee is injured, or, in case of the...
All contracts between employer and employee releasing third persons, copartnerships or corporations from liability for damages arising out of the negligence of such third persons, copartnerships...
All contracts between an employee and a third person, copartnership, or corporation in which it is agreed that the employer of such employee shall be released from liability for damages of such...
(a) This section applies to: (1) Each insurance carrier insuring employers who may be or who are liable under IC 22-3-2 through IC 22-3-7 to pay compensation; and (2) Each employer carrying...
(a) An employee who: (1) Becomes totally and permanently disabled: (A) On or after July 1, 1985, from an exposure to asbestos in employment before July 1, 1988; or (B) Before July...
(a) An employee who has exhausted the fifty-two (52) week maximum may be awarded additional compensation by the board in periods of no more than fifty-two (52) weeks upon determination that the...
The board may secure expert medical testimony as it considers necessary at the expense of the fund to protect the fund against questionable claims for benefits. ...
An injured employee, who as a result of an injury or occupational disease is unable to perform work for which the employee has previous training or experience, is entitled to vocational...
Upon receipt of a report of injury under section 2 [IC 22-3-12-2] of this chapter, the office of vocational rehabilitation shall immediately send a copy of the report to the local office of...
(a) The local office of vocational rehabilitation shall, upon receipt of the report of injury, immediately provide the injured employee with a written explanation of: (1) The rehabilitation...
Nothing contained in this chapter shall be construed to affect an injured employee's status regarding any benefit provided under IC 22-3-2 through IC 22-3-7. ...
As a guide to the interpretation and application of this article, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is declared hereby to be a...
As used in this article, unless the context clearly requires otherwise, benefits means the money payments payable to an eligible individual as provided in this article with respect to his...
Board means the unemployment insurance board established by this article. ...
Commissioner refers to the commissioner of workforce development. ...
Contributions means the money payments to the unemployment insurance benefit fund required and provided by the terms of this article. ...
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State means and includes the several states of the United States of America, the District of Columbia of the United States of America, the Commonwealth of Puerto Rico, the Virgin Islands and the...
Employment office means a free public employment office or branch thereof, maintained and operated by this state, any other state or jurisdiction, or by any agency or instrumentality of the...
Fund means the unemployment insurance benefit fund, established by IC 22-4-26-1, in which all contributions required, all payments in lieu of contributions, and all money received from the...
Special employment and training services fund means the special administrative fund created under IC 22-4-25. ...
Department means the department of workforce development. ...
Base period means the first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of an individual's benefit period: Provided, however, That for a claim...
Notwithstanding section 12 [IC 22-4-2-12] of this chapter, for an individual who during the base period as defined in that section has received worker's compensation benefits under IC 22-3-3 for...
Except as provided in IC 22-4-5-3, week means a calendar week. ...
Weekly benefit amount means the amount of benefits an eligible individual would be entitled to receive for a particular week of total unemployment. ...
Annual payroll means the total amount of wages for employment paid by an employer during the twelve (12) consecutive calendar month period ending on the computation date of any calendar year,...
Computation date means June 30 of the year preceding the effective date of new rates of contribution, except that in the event, after having been legally terminated, an employer again becomes...
Determination date means September 30 of each year. ...
Agency means any officer, board, commission, or other authority designated by an unemployment insurance law in force in any state or in Canada to administer the unemployment insurance fund for...
Jurisdiction means any state or Canada. ...
Benefit period with respect to any individual means the fifty-two-consecutive-week period beginning with the first week as of which an insured worker first files an initial claim for...
Valid claim means a claim filed by an individual who has established qualifying wage credits and who is totally, partially, or part-totally unemployed; Provided, no individual in a benefit...
Initial claim means a written application, in a form prescribed by the board, made by an individual for the determination of his status as an insured worker. ...
Additional claim means a written application for a determination of benefit eligibility, made by an individual in a form prescribed by the board, to begin a second or subsequent series of claims...
Insured worker means an individual who, with respect to a base period, meets the qualifying wage requirements of IC 22-4-14-5. ...
Insured work means employment in the service of an employer. ...
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Insured unemployment means unemployment during a given week for which waiting period credit or benefits are claimed under the state employment security program, the unemployment compensation for...
For all purposes of this article, the term hospital means: (1) An institution defined in IC 16-18-2-179(b) and licensed by the state department of health; or (2) A state institution (as...
Payment in lieu of contributions means the required reimbursements by employers of benefits paid attributable to services performed for such employers which are liable to make these payments as...
The term new work wherever used in this article including IC 1971, 22-4-15-2 means (a) work offered to an individual by an employer with whom he has never had a contract of employment; (b) work...
(a) With respect to benefits for weeks of unemployment beginning after August 13, 1981, extended benefit period means a period which begins with the third week after a week for which there is a...
An employer's credit reserve ratio is determined on the basis of the relationship that the credit balance shown by his experience account as of the computation date bears to the wages paid by the...
An employer's debit reserve ratio is determined on the basis of the relationship that the debit balance shown by his experience account as of the computation date bears to the wages paid by the...
For the purposes of IC 22-4-8-2(j)(3)(C), school means an educational institution that is accredited and approved by the Indiana state board of education and is an academic school system,...
As used in this article, review board means the unemployment insurance review board. ...
An individual shall be deemed totally unemployed in any week with respect to which no remuneration was payable to him for personal services. ...
An individual is partially unemployed when, because of lack of available work, he is working less than his normal customary full-time hours for his regular employer and his remuneration is less...
Remuneration whenever used in this article, unless the context clearly denotes otherwise, means all compensation for personal services, including but not limited to commissions, bonuses,...
(a) Except as otherwise provided in this section, wages means all remuneration as defined in section 1 [IC 22-4-4-1] of this chapter paid to an individual by an employer, remuneration received...
(a) For calendar quarters beginning on and after April 1, 1979, and before April 1, 1984, wage credits means remuneration paid for employment by an employer to an individual. Wage credits may...
With respect to weeks of unemployment beginning on or after January 1, 1978, wages for insured work includes wages paid for previously uncovered services. For the purposes of this section, the...
(a) Deductible income wherever used in this article, means income deductible from the weekly benefit amount of an individual in any week, and shall include, but shall not be limited to: (1)...
(a) This section applies for purposes of deductible income only. (b) If: (1) An employee and an employing unit have agreed in a labor contract, that is negotiated on or before May 10, 1987, and...
(a) Employing unit means any individual or type of organization, including any partnership, association, trust, joint venture, estate, joint stock company, insurance company, corporation,...
For the purpose of determining the liability of an employing unit for the payment of contributions and the number of individuals performing services for remuneration, or under any contract of...
(a) If two (2) or more related corporations concurrently employ the same individual and compensate that individual through a common paymaster that is one (1) of the corporations, those...
Prior to January 1, 1978, employer means any employing unit which for some portion of a day, but not necessarily simultaneously, in each of twenty (20) different weeks, whether or not such weeks...
(a) As used in this article, seasonal employer means an employer that, because of climatic conditions or the seasonal nature of a product or service, customarily operates all or a portion of its...
Employment, subject to the other provisions of this Section, means service, including service in interstate commerce performed for remuneration or under any contract of hire, written or oral,...
The term employment shall include: (a) An individual's entire service performed within or both within and without this state if the service is localized in this state. (b) An individual's...
Employment shall not include the following: (a) Except as provided in section 2(i) of this chapter, service performed prior to January 1, 1978, in the employ of this state, any other state,...
(a) As used in this article, seasonal employment means services performed for a seasonal employer during the seasonal period in the employer's seasonal operations, after the effective date of a...
Any employing unit which is or becomes an employer subject to this article within any calendar year shall be subject to this article during the whole of such calendar year, except as is otherwise...
Except as otherwise provided in IC 22-4-7-2(f), IC 22-4-9-4, and IC 22-4-9-5, an employing unit shall cease to be an employer subject to this article only as of January 1 of any calendar year, if...
Any employer subject to the article as successor to an employer pursuant to the provisions of Subsections (a) or (b) of IC 1971, 22-4-7-2 hereof shall cease to be an employer at the end of the...
Any employing unit not otherwise subject to this article which files with the board its written election to become an employer subject to this article for not less than two (2) calendar years...
An employing unit for which services, as specifically excluded by IC 22-4-8-3, are performed, may file with the commissioner its written election to consider all such services for such employing...
Every employer subject to this article or who has ceased to be subject to this article pursuant to section 2 [IC 22-4-9-2] of this chapter shall post and maintain printed notices thereof on its...
In the payment of any contribution, a fractional part of a cent shall be disregarded unless it amounts to one-half cent ( 1/2 cent) or more, in which case it shall be increased to one cent (1...
Except as provided in section 1(a) [IC 22-4-10-1(a)] of this chapter, each employer shall pay contributions equal to the following percentage of wages: (a) Five and four-tenths percent (5.4%),...
Except as provided in section 1(a) [IC 22-4-10-1(a)] of this chapter, the commissioner shall maintain within the fund a separate experience account for each employer and shall credit to such...
Any employer may make voluntary payments in addition to the contributions required under this article, and the same shall be credited to its experience account. Such voluntary contributions shall...
(a) When an employing unit (whether or not an employing unit at the time of the acquisition) becomes an employer under IC 22-4-7-2(a), or when an employer acquires the organization, trade, or...
When an employing unit (whether or not an employing unit prior thereto) assumes all of the resources and liabilities of the experience account of a predecessor employer, as provided in IC 1971,...
This chapter applies to years beginning after December 31, 2001, and ending before January 1, 2005. ...
The skills 2016 training program is established for the following purposes: (1) To improve manufacturing productivity levels in Indiana. (2) To enable firms to become competitive by making...
The skills 2016 training assessment is nine hundredths percent (0.09%) to be assessed upon the previous year's taxable wages (as defined in IC 22-4-4-2) paid by all employers except those who have...
(a) Skills 2016 training assessments accrue and are payable by each employer under section 3 [IC 22-4-10.5-3] of this chapter for each calendar year in which the employer is subject to IC...
Delinquent or unpaid skills 2016 training assessments shall be collected in a manner provided for the collection of unemployment insurance taxes. ...
The skills 2016 training program is to be administered by the department of workforce development in the manner prescribed by IC 22-4-18.3. ...
The department shall deposit skills 2016 training assessments paid to the department under this chapter in the skills 2016 training fund established by IC 22-4-24.5-1. ...
(a) Skills 2016 assessments unpaid on the date on which they are due and payable bear interest at the rate of one percent (1%) per month or fraction of a month from and after that date until...
For each state fiscal year, the department shall prepare an annual report on the use of the skills 2016 training funds as a part of the report required by IC 22-4-18-7. ...
(a) For the purpose of charging employers' experience or reimbursable accounts with regular benefits paid subsequent to July 3, 1971, to any eligible individual but except as provided in IC...
(a) The commissioner shall for each year determine the contribution rate applicable to each employer. (b) The balance shall include contributions with respect to the period ending on the...
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(a) For calendar year 2001, all employers shall have a contribution rate as set forth in rate schedule E in section 3 [IC 22-4-11-3] of this chapter. (b) For calendar year 2002, all eligible...
(a) For calendar years 2002 through 2004, if the conditions of section 2 of this chapter are met, the rate of contributions shall be determined and assigned, with respect to each calendar year, to...
(a) If the commissioner finds that any employer has failed to file any payroll report or has filed a report which the commissioner finds incorrect or insufficient, the commissioner shall make an...
Benefits designated as unemployment compensation benefits shall become payable from the fund to any individual who is or becomes unemployed and eligible for benefits under the terms of this...
(a) With respect to initial claims filed for any week beginning on and after July 6, 1980, and before July 7, 1985, each eligible individual who is totally unemployed (as defined in IC 22-4-3-1)...
For the purposes of section 2(a) [IC 22-4-12-2(a)] of this chapter and with respect to initial claims filed for any week beginning on and after July 5, 1987, dependent includes a person who:...
The weekly benefit amount of any otherwise eligible individual shall be reduced by one-third (1 3) thereof, computed to the next lower multiple of one dollar ($ 1.00), for each normal work day...
(a) Benefits shall be computed upon the basis of wage credits of an individual in his base period. Wage credits shall be reported by the employer and credited to the individual in the manner...
(a) As used in this section, the term part-time worker means an individual whose normal work is in an occupation in which his services are not required for the customary scheduled full-time...
(a) Any individual who makes, or causes to be made by another, a false statement or representation of a material fact knowing it to be false or knowingly fails, or causes another to fail, to...
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If an overpayment of benefits is created by a retroactive payment by the employer for: (1) Awards by the National Labor Relations Board of additional pay, backpay, or for loss of employment;...
An unemployed individual shall be eligible to receive benefits with respect to any week only if: He has made a claim for benefits in accordance with the provisions of IC 1971, 22-4-17-1 hereof:...
(a) An unemployed individual is eligible to receive benefits with respect to any week only if the individual has: (1) Registered for work at an employment office or branch thereof or other...
(a) An unemployed individual shall be eligible to receive benefits with respect to any week only if the individual: (1) Is physically and mentally able to work; (2) Is available for work;...
As a condition precedent to the payment of benefits to an individual with respect to any week such individual shall be required to serve a waiting period of one (1) week in which he has been...
(a) As further conditions precedent to the payment of benefits to an individual with respect to benefit periods established on and after July 6, 1980, and before July 7, 1985: (1) The...
(a) Benefits based on service in employment defined in IC 22-4-8-2(i) and IC 22-4-8-2(j) shall be payable in the same amount, on the [same] terms, and subject to the same conditions as...
For weeks of unemployment occurring subsequent to December 31, 1977, benefits may not be paid to any individual on the basis of any service substantially all of which consists of participating in...
For weeks of unemployment occurring subsequent to December 31, 1977, benefits may not be paid on the basis of services performed by an alien unless the alien is an individual who has been lawfully...
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(a) For weeks of unemployment occurring after October 1, 1983, benefits may be paid to an individual on the basis of service performed in seasonal employment (as defined in IC 22-4-8-4) only if...
(a) With respect to benefit periods established on and after July 6, 1980, an individual who has voluntarily left the individual's most recent employment without good cause in connection with the...
(a) An individual shall be ineligible for waiting period or benefit rights for any week with respect to which his total or partial or part-total unemployment is due to a labor dispute at the...
(a) An individual shall be ineligible for waiting period or benefit rights: For any week with respect to which the individual receives, is receiving, or has received payments equal to or exceeding...
Except as provided in IC 1971, 22-4-22, an individual shall be ineligible for waiting period or benefit rights: For any week with respect to which or a part of which he receives, is receiving, has...
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Notwithstanding any other provisions of this article, all of the individual's wage credits established prior to the day upon which the individual was discharged for gross misconduct in connection...
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(a) Claims for benefits shall be made in accordance with such regulations as the board may prescribe; however, the board shall prescribe reasonable procedures consistent with the provisions of...
(a) When an individual files an initial claim, the department shall promptly make a determination of his status as an insured worker in a form prescribed by the board. A written notice of the...
(a) When an individual files an initial claim, the individual shall be advised of the following: (1) Unemployment compensation is subject to federal, state, and local income taxes. (2)...
Unless such request for hearing is withdrawn, an administrative law judge, after affording the parties a reasonable opportunity for fair hearing, shall affirm, modify, or reverse the findings of...
(a) The governor shall appoint a review board composed of three (3) members, not more than two (2) of whom shall be members of the same political party, with salaries to be fixed by the governor....
The manner in which disputed claims shall be presented and the conduct of hearings and appeals shall be in accordance with rules adopted by the board for determining the rights of the parties,...
In the discharge of the duties imposed by this article, any member of the board, the review board, or an administrative law judge, or any duly authorized representative of any of them, shall have...
In case of contumacy by, or refusal to obey a subpoena issued to, any person, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which...
An administrative law judge and the review board may hold a hearing under this chapter by telephone if any of the following conditions exist: (1) The claimant or the employer is not located in...
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the board, the review board, an administrative law...
(a) Any decision of the review board, in the absence of appeal as provided in this section, shall become final fifteen (15) days after the date the decision is mailed to the interested parties....
(a) Any decision of the review board shall be conclusive and binding as to all questions of fact. Either party to the dispute or the commissioner may, within thirty (30) days after notice of...
The review board, on its own motion, may certify questions of law to the supreme court or the court of appeals for a decision and determination. All such certified questions of law shall be...
(a) This section applies to notices given under sections 2, 3, 11, and 12 [IC 22-4-17-2, IC 22-4-17-3, IC 22-4-17-11, and IC 22-4-17-12] of this chapter. This section does not apply to rules...
(a) An administrative law judge may not preside over or otherwise participate in the hearing or disposition of an appeal in which the judge's impartiality might reasonably be questioned, including...
(a) There is created a department under IC 22-4.1-2-1 which shall be known as the department of workforce development. (b) The department of workforce development may: (1) Administer the...
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(a) The Indiana unemployment insurance board is created. The board is responsible for the unemployment insurance program. The board shall report annually to the governor on the status of...
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The department of workforce development established under IC 22-4.1-2-1 shall administer job training and placement services, the skills 2016 training program established by IC 22-4-10.5-2, and...
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(a) The department shall develop a uniform system for assessing work force skills strengths and weaknesses in individuals. (b) The uniform assessment system shall be used at the following: (1)...
As used in this chapter, applicable federal program refers to the federal human resource programs for which the council has authority to make recommendations as listed in section 4 [IC...
As used in this chapter, council refers to the state human resource investment council established by section 3 [IC 22-4-18.1-3] of this chapter. ...
The state human resource investment council is established pursuant to
(a) The council shall serve as the state advisory body required under the following federal laws: (1) The Job Training Partnership Act under
(a) Not later than June 30, 2000, the membership of the state human resource investment council established under IC 22-4-18.1 must consist of the following: (1) The governor. (2) Two (2)...
Appointments to the council are for two (2) year terms. The governor shall promptly make an appointment to fill any vacancy but only for the duration of the unexpired term. ...
(a) Except as provided in subsections (b) and (c) and subject to the approval of the commissioner of workforce development, the state personnel department, and the budget agency, the council may...
(a) Any member of the council who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement for traveling...
The council shall adopt bylaws and rules governing the council's organization and operation, including bylaws and rules governing the establishment of advisory committees considered necessary by...
The state shall certify to: (1) The United States Secretary of Labor the establishment and membership of the council at least ninety (90) days before the beginning of each period of two (2)...
As used in this chapter, board refers to the incumbent workers training board established by this chapter. ...
Each member of the board serves at the pleasure of the governor. If a vacancy exists on the board for any reason, including death, resignation, or removal by the governor, the governor shall fill...
The board shall meet at least once each month at the office of the department of workforce development. The department shall provide staff support for the board. ...
The affirmative votes of three (3) members of the board are required to take action on any matter. ...
(a) The board shall make recommendations to the unemployment insurance board for disbursements of funds from the skills 2016 training fund established by IC 22-4-24.5-1. The unemployment insurance...
The board shall communicate its recommendations to the unemployment insurance board in writing. The unemployment insurance board shall place the board's recommendations on the unemployment...
Board rules not inconsistent with the general purposes and intents of the article issued under this article which apply to all or classes of employment, employing units, employees, or other...
The board shall cause to be printed for distribution to the public the text of this law, the board's rules, regulations and other material the board deems relevant and suitable and shall furnish...
Subject to the further provisions of this article, the board is authorized to appoint, fix the compensation, and prescribe the duties and powers of such officers, accountants, attorneys, experts,...
The board, through its appropriate activities, shall take all appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocational...
(a) Each employing unit shall keep true and accurate records containing information the department considers necessary. These records are: (1) open to inspection; and (2) subject to being...
(a) The department may make available through the enhanced electronic access system established by the intelenet commission under IC 5-21 secure electronic access for creditors to employer...
In any case where an employing unit, or any officer, member, or agent thereof or any other person having possession of the records thereof, shall fail or refuse upon demand by the board, the...
(a) The board, the review board, or the administrative law judge, or the duly authorized representative of any of them, at any such hearing shall have power to administer oaths to any such person...
If any employing unit fails to make any payroll report required by this article, the commissioner shall give written notice by mail to the employing unit to make and file the report within ten...
Any employing unit which negligently or wilfully fails to submit any report of information required for the proper administration of this article demanded by the commissioner within ten (10) days...
The commissioner may destroy or otherwise dispose of under IC 5-15-5.1-14 such reports or records as have been properly recorded or summarized in the records of the department. ...
(a) Where an employer makes an offer of employment directly to a claimant, promptly giving written notice to the department of such offer, or when any such employer makes such offer of employment...
If the board determines that Public Law 94-566 or the federal laws it amends have been adjudged unconstitutional or invalid in its application to, or have been stayed pendente lite as to, a state...
(a) Whenever the commissioner shall consider any account or claim for contributions or skills 2016 training assessments under IC 22-4-10.5-3, or both, against an employer, and any penalty or...
In the administration of this article the board shall cooperate to the fullest extent consistent with the provisions of this article with the federal Department of Labor, shall make such reports...
Upon request therefor the board shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment the name, address, ordinary...
The board may afford reasonable cooperation with every agency of the United States of America, or with any state charged with the administration of any unemployment compensation law. ...
The board shall enter into arrangements with the appropriate agencies of other states or jurisdictions or the United States of America whereby individuals performing services in this and other...
The board is authorized to enter into reciprocal arrangements with the appropriate agencies of other states or jurisdictions or the United States of America, adjusting the collection and payment...
The commissioner is authorized to enter into reciprocal agreements with the proper agencies under the laws of other states or jurisdictions or of the United States, which agreements shall become...
In order that the administration of this article and the unemployment compensation laws of other states or jurisdictions or of the United States of America will be promoted by cooperation between...
(a) On request of an agency which administers an employment security law of another state or of a foreign government, and which has found in accordance with the provisions of such law that a...
(a) The department shall establish and maintain free public employment and training offices in such number and in such places as may be necessary for the proper administration of this article and...
(a) All money received by this state under the said acts of Congress shall be paid into the employment and training services administration fund, and said money is hereby made available to the...
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(a) There is created in the state treasury a special fund to be known as the employment and training services administration fund. All money which is deposited or paid into this fund is hereby...
(a) The skills 2016 training fund is established to do the following: (1) Administer the costs of the skills 2016 training program established by IC 22-4-10.5. (2) Undertake any program or...
(a) There is created in the state treasury a special fund to be known as the special employment and training services fund. All interest on delinquent contributions and penalties collected under...
There is established a special fund to be known as the unemployment insurance benefit fund which shall be administered separate and apart from all public money or funds of the state. This fund...
The fund shall be administered exclusively for the purpose of this article, and money withdrawn therefrom, except for deposit in the unemployment insurance benefit fund and for refund, as provided...
The commissioner, through the treasurer of state acting as its fiscal agent, shall requisition from time to time from the unemployment trust fund such amounts not exceeding the amount standing to...
(a) Money credited to the account of this state in the unemployment trust fund by the Secretary of the Treasury of the United States pursuant to
The provisions of IC 22-4-26-1, IC 22-4-26-2, IC 22-4-26-3, and IC 22-4-26-4, to the extent that they relate to the unemployment trust fund, shall be operative only so long as such unemployment...
If any money received after June 30, 1941, from the Social Security Administration under
(a) Contributions unpaid on the date on which they are due and payable, as prescribed by the commissioner, shall bear interest at the rate of one percent (1%) per month or fraction thereof from...
The commissioner, or the commissioner's duly authorized representative, shall immediately notify the employing unit of the assessment in writing by mail, and such assessment shall be final unless...
If the employing unit protests such assessment, upon written request it shall have an opportunity to be heard, and such hearing shall be conducted by a liability administrative law judge pursuant...
The finality of such decision of the liability administrative law judge may be stayed for a period of thirty (30) days from the date of service of notice on the board of intention to seek a...
(a) Unless an assessment is paid in full within seven (7) days after it becomes final, the commissioner or the commissioner's representative may file with the clerk of the circuit court of any...
The clerk shall return the original, certified copy of the warrant to the department together with all recording information concerning the warrant. Upon receipt of the warrant from the clerk, the...
(a) The fees and charges provided in section 8 [IC 22-4-29-8] of this chapter for the clerk and sheriff shall be the property of the clerk and sheriff, and, excepting additional payments to the...
(a) The return by the sheriff to the department of the warrants shall be made monthly on or before the fifth day of the month. All money so returned to the department shall be receipted for by the...
In the event the sheriff is unable to locate the employing unit after diligent search, the sheriff shall file with the department a statement sworn to by the sheriff that a diligent search has...
The liability for any contributions, skills 2016 training assessments, interest, penalties, and damages imposed by this chapter, or costs incidental to execution of warrants, shall not be subject...
(a) This section applies to notices given under sections 3, 4, and 5 [IC 22-4-29-3, 22-4-29-4, and 22-4-29-5] of this chapter. (b) As used in this section, notices includes mailings of...
Any employer against whom contributions shall be assessed as provided in this article shall be restrained and enjoined upon the order of the board by proper proceedings instituted in the name of...
If any contributions, interest, penalties, or damages assessed under this article, or any portion thereof, be not paid within one hundred twenty (120) days after the same is found to be due, a...
In all proceedings instituted after April 1, 1947, under the provisions of section 1 [IC 22-4-31-1] of this chapter in which a receiver may be appointed or refused, the party aggrieved may, within...
No injunction to restrain or delay the collection of any contributions, skills 2016 training assessments under IC 22-4-10.5-3, or other amounts claimed to be due under the provisions of this...
If the department finds that the collection of any contributions will be jeopardized by delaying, it shall enter such finding of record and thereupon, whether or not such contributions are due,...
The collection of the whole or any part of the amount of such assessment may be stayed for not exceeding sixty (60) days, by filing with the board a bond in such amount, not exceeding double the...
It is expressly provided that the foregoing remedies shall be cumulative and shall be in addition to all other existing remedies, and that no action taken by the board or its duly authorized...
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All matters pertaining to: (1) the assessment of contributions, penalties, and interest; (2) which accounts, if any, benefits paid, or finally ordered to be paid, should be charged; (3)...
In addition to all other powers conferred upon the liability administrative law judge in accordance with this article and the rules issued pursuant to this article, the liability administrative...
The proceedings before a liability administrative law judge shall be conducted in accordance with such rules of practice and procedure as the board may prescribe under its rulemaking authority as...
Upon receipt of such protest in writing, the commissioner promptly shall refer the written protest to the liability administrative law judge who shall set a date for a hearing before the liability...
Any interested party to the dispute shall mean and include the protesting employing unit, the commissioner, and any person appearing to the liability administrative law judge to be necessary or...
After the hearing the liability administrative law judge shall as soon as practicable notify the interested parties in writing of the finding and decision of the liability administrative law...
A notice of intention to institute judicial review proceedings shall be a prerequisite to such action, shall be served on the adverse party at any time before said decision of the liability...
(a) Any decision of the liability administrative law judge shall be conclusive and binding as to all questions of fact. An interested party to the dispute may, within thirty (30) days after notice...
A full and complete record shall be kept of all proceedings had before the liability administrative law judge, and all testimony shall be retained in a suitable media such as an audio recording or...
The board, by rule, may require the appellant to deposit with the department an amount sufficient to pay the actual costs of preparing the transcript of the record of the proceedings before the...
The appellant shall attach to said transcript an assignment of errors. An assignment of errors that the decision of the liability administrative law judge is contrary to law shall be sufficient to...
All appeals shall be submitted upon the date filed in the supreme court or the court of appeals, shall be advanced upon the docket of the court, and shall be determined without delay in the order...
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No judicial review proceeding shall be entertained by the court with respect to the assessment of any contributions, interest or penalties, unless the court finds that the payment of such...
No final report or act of any executor, administrator, receiver, other fiduciary, or other officer engaged in administering the assets of any employer subject to the payment of contributions under...
To the end that the purposes of this article may be effectively enforced and administered, it is the declared intention of the general assembly that in all cases of legal distributions and...
(a) At any time within four (4) years after the date upon which any contributions, skills 2016 training assessments under IC 22-4-10.5-3, or interest thereon were paid, an employing unit which has...
The contributions, penalties, skills 2016 training assessments under IC 22-4-10.5-3, and interest due from any employer under the provisions of this article from the time they shall be due shall...
(a) Any individual, group of individuals, or other legal entity, whether or not an employing unit which acquires all or part of the organization, trade, or business within this state of an...
(a) As used in this section: (1) Dissolution refers to dissolution of a corporation under IC 23-1-45 through IC 23-1-48. (2) Liquidation means the operation or act of winding up a...
(a) This section applies to notices given under sections 4, 7, 8, and 9 [IC 22-4-32-4, IC 22-4-32-7, IC 22-4-32-8, and IC 22-4-32-9] of this chapter. (b) As used in this section, notices...
Except as provided in IC 22-4-39, any agreement by an individual to waive, release or commute his rights to benefits or any other rights under this article is void. Any agreement by any individual...
(a) Except for fees charged under IC 22-4-17-12, no individual claiming benefits may be charged fees of any kind in a proceeding by the board, the review board, an administrative law judge, or the...
Except as provided in IC 22-4-39, any assignment, pledge or encumbrance of any right to benefits which are or may become due or payable under this article shall be void; and such rights to...
An employing unit or other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of...
It is a Class C misdemeanor for an employing unit or other person to recklessly encourage or induce any individual to waive or forego any accrued or potential benefit rights under this article. ...
A person who knowingly violates this article commits a Class C misdemeanor, except as otherwise provided. Each day a violation continues constitutes a separate offense. ...
A person who knowingly fails to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, in obedience to a subpoena of the...
In any civil action to enforce the provisions of this article, the department, commissioner, state human resource investment council, unemployment insurance board, unemployment insurance review...
All criminal actions for violations of this article shall be prosecuted by the prosecuting attorney of any county, or with the assistance of the attorney general, if requested by the commissioner,...
Benefits shall be deemed to be due and payable under this article only to the extent provided in this article and to the extent that money is available therefor to the credit of the unemployment...
The general assembly reserves the right to amend or repeal all or any part of this article at any time, and there shall be no vested private rights of any kind against such amendment or repeal....
All money received from the United States government and paid into the state treasury, as provided in this article, is appropriated and shall be expended by the commissioner for the respective...
The provisions of this article are severable in the manner provided by IC 1-1-1-8(b). ...
In the event of the destruction of the central office of the department and the records and equipment contained therein, the commissioner shall at the direction of the governor institute such...
(a) If at any time the governor of Indiana shall find that the tax imposed by
(a) Should the Congress of the United States either amend or repeal
No caption of any section, subsection, or part of Acts 1947, c. 208 shall in any way affect the interpretation of this article or any part thereof. ...
This article shall be known as and may be cited as the Indiana Employment and Training Services Act. ...
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As used in this chapter: (1) Child support obligations includes only obligations which are being enforced pursuant to a plan described in Section 454 [
An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether the individual owes child support obligations as defined in section 1 [IC...
The department shall deduct and withhold from any unemployment compensation payable to an individual that owes child support obligations: (1) the amount specified by the individual to the...
(a) Any amount deducted and withheld under section 3 [IC 22-4-39-3] of this chapter shall be paid by the department to the appropriate state or local child support enforcement agency. (b) Any...
This chapter applies only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the...
It is the purpose of this chapter to provide financial assistance for comprehensive job training and related services for economically disadvantaged, unemployed, and underemployed individuals...
As used in this chapter, comprehensive job training and related services include recruitment, counseling, remediation, motivational prejob training, vocational training, job development, job...
As used in this chapter, economically disadvantaged means an individual that meets the criteria established by the department. ...
As used in this chapter, underemployed means an individual: (1) Working part-time but seeking full-time work; or (2) Working full-time but receiving wages below the greater of: (A)...
As used in this chapter, unemployed means an individual who is without a job and who wants and is available for work. ...
Any appropriation made by the general assembly shall be used: (1) For comprehensive job training and related services or job opportunities programs for economically disadvantaged, unemployed,...
The department shall administer this chapter. Each grant or program requires the approval of the governor and the state budget agency. ...
The department shall establish criteria for the distribution of funds under this chapter. The criteria must include the following requirements: (1) That the program receiving state assistance:...
The department, with the approval of the governor, may make a distribution in excess of the limit prescribed in section 8(3) [IC 22-4-40-8(3)] of this chapter if it determines that the excess...
The department may make a distribution of funds directly to a program, or may make a distribution subject to conditions that will ensure use consistent with the distribution and utilization of...
All money appropriated to the department under this chapter does not revert to the state general fund at the close of any fiscal year, but remains available to the department for expenditure...
The purpose of this chapter is to create the Indiana jobs training program to provide job training and related services to dislocated workers. ...
As used in this chapter, dislocated workers means workers who: (1) Have been terminated or laid off or who have received a notice of termination or layoff from employment, are eligible for or...
As used in this chapter, Job Training Partnership Act refers to the Job Training Partnership Act of 1982
Any appropriations made by the general assembly shall be used for the provision of training and services for dislocated workers and may be used as matching funds for the federal Job Training...
The department shall administer this chapter. Each grant or program requires the approval of the governor and the state budget agency. ...
The department may adopt rules under IC 4-22-2 to implement this chapter. ...
All money appropriated to the department under this chapter does not revert to the state general fund at the close of any fiscal year, but remains available to the department for expenditure...
If established, each workforce development center shall do the following: (1) Provide the uniform assessment developed by the department under IC 22-4-18-6 of an individual's strengths and...
Ivy Tech State College and secondary level technical education program providers shall offer the services described in section 2(1) through 2(4) [IC 22-4-42-2(1) through IC 22-4-42-2(4)] of this...
The department is not permitted to use for work force development or the work force development centers established under section 1 [IC 22-4-42-1] of this chapter any of the following: (1)...
The definitions in this chapter apply throughout this article. ...
Commissioner refers to the commissioner of the department of workforce development appointed under IC 22-4.1-3-1. ...
Department refers to the department of workforce development established under IC 22-4.1-2. ...
The department of workforce development is established. Notwithstanding any other law, the department is the sole agency to plan, coordinate, implement, monitor, and make recommendations regarding...
The department is comprised of the following entities reorganized within the department: (1) The department of employment and training services; including the following: (A) The...
The entities listed in section 2 [IC 22-4.1-2-2] of this chapter shall cooperate to facilitate the coordination, consolidation, and promotion of workforce development activities statewide. ...
(a) The governor shall appoint a commissioner of the department. The commissioner serves at the pleasure of the governor as the chief administrative officer of the department. (b) The governor...
The commissioner may do the following: (1) Employ staff necessary to perform the duties of the department imposed by this article. (2) Fix the compensation and terms of staff employment,...
Funds necessary to support the operating costs of the department of workforce development beyond those approved and appropriated by the United States Congress or approved by federal agencies for...
The department may undertake duties identified by the commissioner as related to workforce development initiatives that were required of or authorized to be undertaken before July 1, 1994, by:...
(a) This section applies only to an employer who employs individuals within the state. (b) As used in this section, date of hire is the first date that an employee provides labor or services to...
As used in this chapter, discretionary grant means a grant awarded by the department as a result of an open bid process. ...
Before awarding a discretionary grant, the department shall do the following: (1) Submit for review and comment a list to the governor, the treasurer of state, and the auditor of state of all...
This chapter does not apply to grants awarded to: (1) Service delivery areas (as defined in
(a) The state workforce development fund is established to receive and disburse workforce development funds under this chapter. The department shall administer the fund. (b) Money appropriated for...
Money in the fund may be used for the following purposes at the discretion of the department, based upon the priorities necessary to achieve the department's goals: (1) To build the capacity...
The workforce investment system is established to achieve the following goals: (1) To coordinate activities at the state and local levels to increase the employment, retention, occupational...
The definitions in this chapter apply throughout this article. ...
Chief elected official means: (1) the executive of a second or third class city that: (A) has a population of not less than five thousand (5,000); (B) is located in a workforce...
Executive has the meaning set forth in IC 36-1-2-5. ...
Incumbent worker council refers to an advisory committee to a regional board under IC 22-4.5-3-3. ...
One stop center means a physical location that: (1) provides access to all one stop services and one stop partners; (2) is certified by the regional board; and (3) includes an onsite...
One stop partner refers to: (1) a mandatory partner under IC 22-4.5-4-2; or (2) an optional partner under IC 22-4.5-4-3. ...
One stop system means a regional system of service delivery that complies with IC 22-4.5-4-1. ...
Regional board means a local workforce investment board established under Title I, section 117 of the Workforce Investment Act. ...
State plan means the unified state plan developed under Title I, section 112 of the Workforce Investment Act that complies with IC 22-4.5-3-1. ...
Workforce investment area means an area designated under section 116 of the Workforce Investment Act. ...
Workforce Investment Act refers to the federal Workforce Investment Act of 1998
Youth council refers to an advisory committee to a regional board under IC 22-4.5-3-4. ...
The state board shall recommend to the governor a unified state plan for the workforce investment system that includes: (1) secondary vocational education programs authorized under the Carl D....
(a) A workforce investment area shall be overseen by a regional board that complies with the Workforce Investment Act [
(a) Each regional board shall establish an incumbent worker council as an advisory committee to the regional board. (b) The regional board, with the cooperation of the chief elected official,...
(a) Each regional board shall establish a youth council as an advisory committee to the regional board. (b) The regional board, with the cooperation of the chief elected official, shall appoint...
A regional board shall establish a one stop system that meets the following criteria: (1) The system provides core services (as defined in
Mandatory one stop partners in the one stop system include the entities that administer the following workforce investment programs: (1) Programs under Title I of the Workforce Investment Act....
(a) In addition to the one stop partners identified under section 2 [IC 22-4.5-4-2] of this chapter, a regional board may submit a proposal under this section to the governor and the state board...
(a) The regional board, with the agreement of the chief elected official, shall develop and enter into a memorandum of understanding with each one stop partner concerning the operation of the...
The regional board, together with the chief elected official, has planning, policy, and oversight responsibilities for the one stop system. ...
The staff of the regional board may deliver services only under the following circumstances: (1) The one stop system in the region includes only mandatory one stop partners and voluntary...
The chief elected official is the grant recipient for youth, adult, and dislocated worker funds under Title I of the Workforce Investment Act [
The chief elected official: (1) may designate a fiscal agent; and (2) may not designate or assign liability to any other entity for youth, adult, and dislocated worker funds distributed by...
It is a Class A misdemeanor for a person to knowingly prepay transportation or assist or encourage the migration of any alien into Indiana under contract made before the migration of the alien to...
All contracts or agreements, express or implied, parol or special, which may hereafter be made by and between any person, company, partnership, limited liability company, or corporation, and any...
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Nothing in this chapter shall be so construed as to prevent any citizen or subject of any foreign country temporarily residing in the United States either in a private or official capacity from...
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(a) A person who, after having discharged any employee from his service, prevents the discharged employee from obtaining employment with any other person commits a Class C infraction and is liable...
If any railway company or any other company, partnership, limited liability company, or corporation in this state shall authorize, allow or permit any of its or their agents to black-list any...
(a) An employee of a private employer that is under public contract may report in writing the existence of: (1) A violation of a federal law or regulation; (2) A violation of a state law or...
An employer may not: (1) Require, as a condition of employment, an employee or prospective employee to refrain from using; or (2) Discriminate against an employee with respect to: (A)...
(a) An employee or prospective employee may bring a civil action against an employer to enforce section 1 [IC 22-5-4-1] of this chapter. (b) If an employer violates section 1 of this chapter, the...
This chapter does not limit an employee's or prospective employee's rights or remedies under any other state or federal law. ...
This chapter does not apply to an employer that is: (1) A church; (2) A religious organization; or (3) A school or business conducted by a church or religious organization. ...
The employment contract of a person who: (1) Works with children; and (2) Is convicted of: (A) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age; (B)...
In the interpretation of this chapter and in determining the jurisdiction and authority of the courts of the state, as such jurisdiction and authority are defined and limited in this chapter, the...
Any undertaking or promise, such as is described in this section, or any other undertaking or promise in conflict with the public policy declared in section 2 [IC 22-6-1-2] of this chapter, is...
No court of the state of Indiana shall have jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of any labor dispute to prohibit...
No court of the state of Indiana shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a...
(a) No court of the state of Indiana shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, as herein defined, except after...
No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, or who...
No restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except on the basis of finding of facts made and filed by the...
Whenever any court of the state shall issue or deny any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the...
In all cases arising under this chapter in which a person shall be charged with contempt in a court of the state of Indiana (as defined in this chapter), the accused shall enjoy the right to a...
The defendant in any proceeding for contempt of court may file with the court a demand for the retirement of the judge sitting in the proceeding, if the contempt arises from an attack upon the...
When used in this chapter and for the purpose of this chapter: (a) A case shall be held to involve or grow out of a labor dispute when the case involves persons who are engaged in the same...
It is hereby declared to be the public policy of the state of Indiana that it is necessary and essential in the public interest to facilitate the prompt, peaceful and just settlement of labor...
As used in this chapter: (a) The term public utility employer means an employer engaged in the business of rendering electric, gas, water, telephone, or transportation services to the public...
It shall be the duty of public utility employers and their employees in public utility operations to exert every reasonable effort to settle such labor disputes by the making of agreements through...
Not later than April 13, 1947, the governor shall appoint: (a) A panel of ten (10) persons to serve as conciliators under the provisions of this chapter; and (b) A panel of thirty (30)...
If in any case of a labor dispute between a public utility employer and its employees the collective bargaining process reaches an impasse and stalemate, with the result that the employer and the...
The conciliator so named shall expeditiously meet with the disputing parties and shall exert every reasonable effort to effect a prompt settlement of such dispute. From and after the filing of a...
Each party to the dispute shall be entitled to designate one (1) representative to sit with the board of arbitrators, but such representatives shall sit in an advisory capacity only and without...
The board of arbitration shall promptly hold hearings and shall have the power to administer oaths and compel the attendance of witnesses and the furnishing by the parties of such information as...
It shall be the duty of the board to make written findings of fact, and to promulgate a written decision and order, upon the issue or issues presented in each case. In making such findings the...
The board of arbitration shall hand down its findings, decision, and order (referred to in this section as its order) within sixty (60) days after its appointment; provided, however, that the...
Either party to the dispute may within fifteen (15) days from the date such order is filed with the clerk of the court petition the circuit court of any county, in which the employer operates or...
Any person adversely affected by reason of any violation of the provisions of this chapter may file an action in the circuit court of the county in which any such violation occurs to restrain and...
Nothing in this chapter shall be construed to require an individual employee to render labor or service without his consent, or to make illegal the quitting of his labor or service or the...
A person who violates section 1 [IC 22-6-3-1] of this chapter commits a Class C infraction. ...
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As used in this chapter, the term local union shall mean any branch or chapter of a national labor organization, the jurisdiction of which is limited to a particular geographical area. ...
No worker or group of workers who have a legal residence in the state of Indiana shall be denied the right to select his or their bargaining representative in this state, or be denied the right to...
A person who prevents another person from forming or belonging to a labor organization commits a Class B misdemeanor. ...
Duly adopted constitutions, by-laws, and other laws of labor organizations, except when and to the extent that the provisions thereof may violate public policy, are hereby declared to be valid and...
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Each employer shall establish and maintain conditions of work which are reasonably safe and healthful for employees, and free from recognized hazards that are causing or are likely to cause death...
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Every employer shall comply with the occupational health and safety standards promulgated under this chapter, and pursuant to any directions in such standards, keep his employees informed of their...
No employee may remove, damage, carry off, or render inoperative any safety device or safeguard furnished or provided for use in any employment, or place of employment, or interfere with the use...
No person may interfere with the use of any method or process adopted for the protection of any employee in his employment or place of employment, or of any other person lawfully within the place...
Nothing in this chapter or the standards adopted under this chapter shall be deemed to authorize or require medical examination, immunization, or treatment for those who object on religious...
An occupational safety standards commission is created within the department to promulgate, modify, or revoke safety and health standards in Indiana and to hear and determine applications for...
Members of the commission shall serve terms of three (3) years and until their successors are appointed except that of the members first appointed, three (3) members representing management, labor...
The commission shall meet annually at the call of the commissioner and elect a chairman and such other officers as they deem appropriate. ...
(a) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement for...
The commission shall meet at the call of the commissioner, the chairman or upon the written request of any four (4) members. However, the commission shall meet at least every three (3) months at...
The commission may adopt by reference any standards, code, manuals or portions thereof, published by any nationally recognized organizations or associations organized or conducted in whole or in...
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(a) The commission may adopt emergency temporary standards under IC 4-22-2-37.1. The emergency temporary standard shall be published in a newspaper of general circulation published in Marion...
(a) A United States Occupational Safety and Health Administration (OSHA) standard lawfully adopted by OSHA under federal law may be enforced by the department without any further action by the...
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(a) Any standard promulgated under this chapter shall prescribe the use of labels or other appropriate forms of warning as are necessary to insure that employees are apprised of all hazards to...
The commissioner may not adopt or enforce any provision used to carry out the enforcement of this chapter that is more stringent than the corresponding federal provision enforced by the United...
The department shall implement a voluntary protection program not later than sixty (60) days after the program has been made available by the United States Occupational Safety and Health...
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After promulgation of a safety standard by the commission, any question as to its applicability or legal validity may be adjudicated by an action for a declaratory judgment filed by an affected...
Any employer may apply to the commission for a temporary order granting a variance from a standard or any provision thereof promulgated under this chapter. Such temporary order shall be granted...
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The commissioner and the department shall provide such administrative services, including docketing, stenographic, and recordkeeping services, as the commission may require in discharging its...
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The commissioner and such representatives as he may designate shall administer and enforce the provisions of this chapter and the safety standards adopted by the commission. The commissioner may...
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(a) Except as provided under section 51 [IC 22-8-1.1-51] of this chapter, the commissioner and his designated representatives, on their own motion, or on receipt of a written and signed request...
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In the case of a written request for an inspection by an employee or his representative who believes that a violation of a safety or health standard exists that threatens physical harm or that an...
Without the approval of the commissioner or his duly authorized representative, no person may give advance notice of any inspection. A person who recklessly gives advance notice without such...
Subject to regulations issued by the commissioner, a representative of the employer and a representative of the employees shall be given the opportunity to accompany the inspector during the...
(a) At the closing conference after the completion of an inspection, the inspector shall provide the employer or a representative of the employer with a written statement that clearly and...
(a) For purposes of this section, safety audit means a written consultation report related to health and safety standards that is: (1) Prepared for an employer by: (A) A third party; or...
(a) If, as a result of the inspection, the commissioner or his designated representative determines there is a violation of this chapter, or any standard promulgated under it, the commissioner...
As prescribed by rules issued by the commissioner, the safety order shall be posted by the employer at or near the place of the alleged violation in such a manner that affected employees may...
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If the commissioner determines after reinspection the employer has failed to correct a violation for which a safety order has been issued within the period permitted for its correction, the...
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(a) The commissioner may assess the following civil penalties: (1) Any employer who has received a safety order for violation of any standard, rule, or order not of a serious nature may be...
(a) Any employer receiving a safety order may, within fifteen (15) working days of such receipt, file a written petition for review under IC 4-21.5-3-7 of the order or any part thereof with the...
Any employee or representative of the employee may, within fifteen (15) working days of employer receipt of the safety order, file a written petition for review under IC 4-21.5-3-7 on the ground...
The commissioner shall, by rule adopted under IC 4-22-2, establish procedures for informal review of any safety order, assessment of penalty, or notice of failure to correct violation. ...
If a petition for review is granted, the commissioner shall immediately certify the dispute to the board of safety review. ...
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(a) A board of safety review is created within the department. (b) The board shall conduct hearings on contests involving safety orders, penalties, and notices of failure to correct a violation...
The board shall consist of five (5) members, all of whom shall be residents of Indiana and shall be appointed by the governor as follows: two (2) of the members shall be drawn from backgrounds...
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A majority of the board constitutes a quorum for the transaction of business. ...
(a) Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement for traveling...
(a) The board in the discharge of its functions may inspect the premises involved in the dispute. (b) The board shall select an administrative law judge under IC 4-21.5-3-9. However, if the board...
The commissioner and the department shall provide such administrative services, including docketing, stenographic, and recordkeeping services, as the board may require in discharging its function...
(a) When a dispute has been certified to the board by the commissioner pursuant to section 28.5 [IC 22-8-1.1-28.5] of this chapter, the board shall promptly schedule a hearing according to rules...
Proceedings in any hearing shall be conducted in accordance with IC 4-21.5-3. ...
Judicial review of any final order of the board shall be under IC 4-21.5-5. ...
(a) A safety order, penalty assessment, or notice of failure to correct violation which has become final, either through lack of any contest under section 28.1 [IC 22-8-1.1-28.1] of this chapter,...
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No person may make a false statement, representation, or certification in any application, record, report, plan, or other document required pursuant to this chapter. ...
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(a) No person shall discharge or in any way discriminate against any employee because such employee has filed a complaint or instituted or caused to be instituted any proceeding under or related...
(a) Whenever the commissioner is of the opinion that imminent danger exists in any workplace in this state, which condition can reasonably be expected to cause death or serious physical harm, the...
A safety education and training bureau is created within the department to implement a program of occupational health and safety education and training. ...
The duties of the bureau shall include, but not be limited to, the following: (a) Development of a statewide health and safety education and training program to acquaint employers, supervisors,...
(a) The bureau, at the direction of the commissioner, may adopt rules requiring all employers having eleven (11) or more employees employed to make and retain records of, and to make reports on...
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The tax is imposed upon: (1) Each insurance carrier licensed to do worker's compensation business in the state; and (2) Each self-insured employer. ...
The annual tax shall be an amount equal to three-fourths of one percent (0.75%) of the total worker's compensation benefits paid in this state by the insurance carrier and self-insured employers...
The commissioner of labor, the occupational safety standards commission, the board of safety review, and the bureau of safety education and training shall have the power to make rules governing...
All penalties and fines which may be collected shall be paid into the state general fund. ...
Nothing in this chapter shall be construed to supersede or in any manner affect any worker's compensation or occupational diseases law, or any other statutory rights, duties, or liabilities, or...
(a) All information reported to or otherwise obtained by the commissioner, his designated representatives, the department of labor, the occupational safety standards commission, the board of...
A person who knowingly violates this chapter commits a Class B misdemeanor except as otherwise provided. ...
This chapter shall be known as The Indiana Occupational Safety and Health Act (IOSHA). ...
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(a) It is the public policy of the state to provide all of its citizens equal opportunity for education, employment, access to public conveniences and accommodations, and acquisition through...
As used in this chapter: (a) Person means one (1) or more individuals, partnerships, associations, organizations, limited liability companies, corporations, labor organizations, cooperatives,...
(a) There is hereby created a civil rights commission composed of seven (7) members, not more than four (4) of whom shall be members of the same political party, to be appointed by the governor....
(a) The commission shall establish and maintain a permanent office in the city of Indianapolis. (b) The commission may appoint such attorneys and other employees and agents as it considers...
In order to eliminate prejudice among the various racial, religious, and ethnic groups in this state and to further goodwill among such groups, the commission, in cooperation with the state...
The governor shall select and appoint a director who shall be secretary of the commission and chief administrative officer for the commission. The director shall devote his entire time and effort...
The director and the members of the commission before entering upon the discharge of their official duties shall each take and subscribe to an oath of office which shall be endorsed upon their...
Every contract to which the state or any of its political or civil subdivisions is a party, including franchises granted to public utilities, shall contain a provision requiring the contractor and...
In addition to its power to investigate the discriminatory practices referred to in this chapter, the commission may receive written complaints of violation of this chapter or other discriminatory...
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(a) As used in this section, the term state agency means every office, officer, board, commission, department, division, bureau, committee, fund, agency, and without limitation by reason of any...
(a) The prohibition against discrimination in employment because of disability does not apply to failure of an employer to employ or to retain as an employee any person who because of a disability...
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(a) A respondent or a complainant may elect to have the claims that are the basis for a finding of probable cause decided in a civil action as provided by section 17 [IC 22-9-1-17] of this...
(a) If a timely election is made under section 16 [IC 22-9-1-16] of this chapter, the complainant may file a civil action in a circuit or superior court having jurisdiction in the county in which...
(a) If a timely election is not made under section 16 [IC 22-1-9-16] of this chapter, the commission shall schedule a hearing on the finding of probable cause. (b) Except as provided in subsection...
For the purpose of this chapter: Discrimination shall mean dismissal from employment of, or refusal to employ or rehire any person because of his age, if such person has attained the age of...
It is declared to be an unfair employment practice and to be against public policy to dismiss from employment, or to refuse to employ or rehire, any person solely because of his age if such person...
It is hereby declared to be an unfair employment practice for any labor organization to deny full and equal membership rights to any applicant for membership or to fail or refuse to classify...
(a) Any provision in any contract, agreement or understanding entered into on or after October 1, 1965, but before October 1, 1979, which shall prevent or tend to prevent the employment of any...
Every person shall keep true and accurate records of the ages of all persons employed by him as reported by each employee, and shall upon demand furnish to the commissioner of labor, or his...
If the commissioner of labor shall find no probable cause exists to substantiate the charges, or, if upon all the evidence, he shall find that an employer has not engaged in unfair employment...
It shall be an unfair employment practice for any employer to discharge an employee because he has furnished evidence in connection with a complaint under this chapter. ...
No publicity shall be given to any proceeding before the commissioner of labor, either by the commissioner of labor or any employee thereof, provided that the commissioner may publish the facts in...
Nothing contained herein shall be deemed to repeal any of the provisions of any law of this state relating to discrimination because of age, race or color, religion, or country of ancestral...
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As used in this chapter, commerce has the meaning set forth in Section 701 of the Civil Rights Act of 1964
As used in this chapter, commission refers to the civil rights commission. ...
As used in this chapter, covered entity means an employer, an employment agency, a labor organization, or a joint labor-management committee. ...
(a) As used in this chapter, disability means with respect to an individual: (1) A physical or mental impairment that substantially limits at least one (1) of the major life activities of the...
As used in this chapter, discriminate includes the following: (1) Limiting, segregating, or classifying a job applicant or an employee in a way that adversely affects the opportunities or...
As used in this chapter, drug means a controlled substance (as defined in schedules I through V of Section 202 of the Controlled Substances Act
As used in this chapter, employee means an individual employed by an employer. ...
As used in this chapter, employment agency has the meaning set forth in Section 701 of the Civil Rights Act of 1964
As used in this chapter, illegal use of drugs means the use of drugs the possession or distribution of which is unlawful under the Controlled Substances Act. The term does not include the use of...
As used in this chapter, labor organization has the meaning set forth in Section 701 of the Civil Rights Act of 1964
As used in this chapter, person has the meaning set forth in Section 701 of the Civil Rights Act of 1964
As used in this chapter, reasonable accommodation includes the following: (1) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities....
(a) As used in this chapter, undue hardship means an action requiring significant difficulty or expense when considered in light of the factors set forth in subsection (b). (b) In determining...
A covered entity may not discriminate against a qualified individual with a disability because of the disability of that individual in regard to any of the following: (1) Job application...
(a) The prohibition against discrimination in section 19 [IC 22-9-5-19] of this chapter includes medical examinations and inquiries. Except as otherwise provided by this section, a covered entity...
(a) It may be a defense to a charge of discrimination under this chapter that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out...
(a) This chapter does not prohibit a religious corporation, an association, an educational institution, or a society from giving preference in employment to individuals of a particular religion to...
(a) In any case in which an individual has an infectious or communicable disease that: (1) Is transmitted to others through the handling of food; (2) Is included on the list developed by the...
(a) A covered entity may do the following: (1) Prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees. (2) Require that employees shall not be under the...
Each employer, employment agency, labor organization, or joint labor-management committee covered under this chapter shall post notices in a format accessible to applicants, employees, and members...
The remedies available regarding complaints directed against a covered entity under this chapter are limited to the remedies provided under IC 22-9-1-6(k). ...
(a) As used in this chapter, and unless otherwise indicated by the context, person with a disability means an individual who, by reason of physical or mental defect or infirmity, whether...
(a) As used in this chapter, housing accommodations means: (1) Real property, or part of real property, that is used or occupied, or is intended, arranged, or designed to be used or occupied,...
All persons with disabilities are entitled to full and equal access, as other members of the public, to all housing accommodations offered for rent, lease, or compensation in Indiana. ...
This chapter does not require a person renting, leasing, or providing for compensation real property to modify the person's property in any way to provide a higher degree of care for a person with...
A person renting, leasing, or providing real property for compensation shall not refuse to accept a person with a disability as a tenant due to the fact that the person with a disability has a...
A person who feels the person's rights under this chapter have been violated may submit a complaint to the civil rights commission under IC 22-9-1-6. The civil rights commission shall determine...
Either party to a dispute filed under IC 22-9 may, not more than thirty (30) days after the date of receipt of the commission's final appealable order, appeal to the court of appeals under the...
A person may file an appeal under this chapter only after exhausting all administrative remedies available within the agency whose action is being appealed. ...
The definitions in this chapter apply throughout this article. ...
Aggrieved person includes any person who: (1) Claims to have been injured by a discriminatory housing practice; or (2) Believes that the person will be injured by a discriminatory housing...
Commission refers to the civil rights commission or to a local agency designated by an ordinance adopted under IC 22-9.5-4-1. ...
Conciliation means the attempted resolution of issues raised by a complaint or by the investigation of a complaint, through informal negotiations involving the aggrieved person, the respondent,...
Conciliation agreement means a written agreement setting forth the resolution of the issues in conciliation. ...
Discriminatory housing practice means an act prohibited by IC 22-9.5-5. ...
Dwelling means: (1) Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one (1) or more families; or...
Family includes a single individual. ...
(a) Disabled means, with respect to a person: (1) A physical or mental impairment that substantially limits one (1) or more of the person's major life activities; (2) A record of having an...
Person means one (1) or more individuals, corporations, limited liability companies, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock...
Respondent means: (1) The person accused of a violation of this article in a complaint of discriminatory housing practice; or (2) Any person identified as an additional or a substitute...
This article does not prohibit a religious organization, an association, or a society or a nonprofit institution or an organization operated, supervised, or controlled by or in conjunction with a...
This article does not prohibit a private club not open to the public that, as an incident to the club's primary purpose, provides lodging that the club owns or operates for other than a commercial...
(a) As used in this section, housing for older persons means housing that the commission determines is: (1) Specifically designed and operated to assist elderly persons under a federal or...
This article does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, disability,...
(a) This article does not affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or restriction relating to health or safety standards....
(a) Except as provided in subsection (b), the civil rights commission shall administer this article. (b) A city, town, or county that has established or designated a local agency under IC...
The commission may adopt rules under IC 4-22-2 necessary to implement this article. ...
As provided by IC 22-9.5-6, the commission shall receive, investigate, seek to conciliate, and act on complaints alleging violations of this article. ...
The commission may, by rule, authorize the director of the commission to exercise the commission's powers or perform the commission's duties under this article. ...
(a) The commission shall, at least annually, publish a written report recommending legislative or other action to carry out the purposes of this article. (b) The commission shall make studies...
The commission shall cooperate with and, as appropriate, may provide technical and other assistance to federal, state, local, and other public or private entities that are formulating or operating...
The commission may accept gifts and grants from any public or private source for the purpose of administering this article. ...
(a) A person may not refuse to sell or to rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person...
A person may not make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any...
A person may not, for profit, induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a...
(a) A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to any buyer or renter because of a disability of: (1) The buyer or renter; (2) A...
(a) As used in this section, residential real estate related transaction means the following: (1) Making or purchasing loans or providing other financial assistance: (A) To purchase,...
A person may not deny any person access to, or membership or participation in, a multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to...
A person may not coerce, intimidate, threaten, or interfere with any other person: (1) In the exercise or enjoyment of any right granted or protected by this chapter; or (2) Because the...
(a) If the federal government has referred a complaint to the commission or has deferred jurisdiction over the subject matter of the complaint to the commission, the commission shall promptly...
(a) The commission may join a person not named in the complaint as an additional or substitute respondent if in the course of the investigation the commission determines that the person should be...
(a) The commission shall, during the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal by the commission, to the extent feasible, engage in...
(a) If the commission concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this article, the commission may file a civil...
(a) The commission shall prepare a final investigative report showing the following: (1) The names and dates of contacts with witnesses. (2) A summary of correspondence and other contacts...
(a) The commission shall determine based on the facts whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur. (b) The commission shall...
(a) A finding of reasonable cause issued under section 8 [IC 22-9.5-6-8] of this chapter: (1) Must consist of a short and plain statement of the facts on which the commission has found...
(a) If the commission determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the commission shall promptly dismiss the...
(a) A complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in a finding of reasonable cause decided in a civil action as...
(a) If a timely election is made under section 13 [this section] of this chapter, the commission shall, not later than thirty (30) days after the election is made, file a civil action on behalf of...
(a) If the commission determines at a hearing under section 14 [IC 22-9.5-6-14] of this chapter that a respondent has engaged in or is about to engage in a discriminatory housing practice, the...
A commission order under section 15 [IC 22-9.5-6-15] of this chapter does not affect a contract, a sale, an encumbrance, or a lease that: (1) Was consummated before the commission issued the...
If the commission issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the...
If the commission issues an order against a respondent against whom another order was issued within the preceding five (5) years under section 15 [IC 22-9.5-6-15] of this chapter, the commission...
(a) An aggrieved person may file a civil action in the circuit or superior court located in the county in which the alleged discriminatory practice occurred not later than one (1) year after the...
Relief granted under this chapter does not affect a contract, a sale, an encumbrance, or a lease that: (1) Was consummated before the granting of the relief; and (2) Involved a bona fide...
(a) The commission may intervene in an action under this article if the commission determines that the case is of general public importance. (b) The commission may obtain the same relief available...
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The fair housing fund (referred to in this chapter as the fund) is established. The fund shall be administered by the commission. ...
The commission may file a civil action for appropriate relief if the commission has reasonable cause to believe that: (1) A person is engaged in a pattern or practice of resistance to the full...
In an action filed under section 1 [IC 22-9.5-8.1-1] of this chapter, the court may do the following: (1) Award preventive relief, including a permanent or temporary injunction, restraining...
A person may intervene in an action filed under section 1 [IC 22-9.5-8.1-1] of this chapter if the person is: (1) An aggrieved person to the discriminatory housing practice; or (2) A party...
The attorney general, on behalf of the commission or other party at whose request a subpoena is issued under this chapter, may enforce the subpoena in appropriate proceedings in the court in which...
A court in a civil action brought under this article or the commission in an administrative hearing under IC 22-9.5-6-14 may award reasonable attorney's fees to the prevailing party and assess...
A person commits a Class A misdemeanor if the person, whether or not acting under color of law, by force or threat of force intentionally intimidates or interferes with or attempts to intimidate...
Either party to a dispute filed under IC 22-9.5 may, not more than thirty (30) days after the date of receipt of the commission's final appealable order, appeal to the court of appeals under the...
(a) The appealing party shall notify the commission in writing of the party's intent to appeal and shall request the commission to prepare a record of the commission's proceedings to be used to...
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This article applies to all underground commercial mines. ...
(a) The mining board is established. The board is composed of five (5) members appointed by the governor. The members must have the following qualifications: (1) Two (2) members must be...
A member of the board is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement for traveling expenses and other expenses...
The board may adopt rules under IC 4-22-2 to implement this article. ...
The board shall: (1) Execute and administer the laws of this state concerning coal mines; (2) Collect and diffuse information concerning the nature, causes, and prevention of mine accidents...
(a) With the governor's approval, the commissioner of labor shall appoint a director of the bureau who must have the following qualifications: (1) Be a citizen of the United States and a...
(a) The director shall employ, subject to IC 4-15-2, a chief mine inspector who has an Indiana fireboss certificate and at least three (3) years underground mining experience. (b) The chief mining...
Subject to section 6(b) [IC 22-10-1.5-6(b)] of this chapter, if the person appointed to the position of director or chief mining inspector is an employee of a coal operator doing business in...
(a) All maps required to show the underground workings of any mine, within this state, shall be made or certified by a registered engineer or land surveyor and sealed by such professional engineer...
(a) The coal mine map and any revision or supplement of it shall be available for inspection by: (1) The director or his authorized representative; (2) Coal mine inspectors of this state;...
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(a) Whenever an operator permanently closes or abandons a coal mine, or temporarily closes a coal mine for a period of more than ninety (90) days, he shall promptly notify the director of the...
Whenever any mine or mines, the shaft or opening of which is located in any state other than the state of Indiana, shall have entries or working underground extending into and within the state of...
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(a) The director shall devote his entire time and attention to the duties of his office during working hours, and shall be subject to call at all times. The director and mine inspectors are...
(a) It is the duty of the board to examine any person applying for a certificate for mine foreman, assistant mine foreman, fire-boss, shot-firer, hoisting engineer, mine electrician, or belt...
(a) In event of loss or destruction of any certificate issued under the coal mining laws of this state, the board, upon satisfactory proof of such loss or destruction, shall issue a duplicate...
(a) As used in this section, practitioner means an individual who holds a certificate issued under this chapter. (b) A practitioner shall conduct his duties as he is so certified in accordance...
(a) It is unlawful for any person to serve in the capacity of mine foreman, assistant mine foreman, fire-boss, shot-firer, hoisting engineer, electrician, or belt examiner at any time unless he is...
(a) Except as provided in subsection (g), a person may not be employed underground in any coal mine in this state unless he possesses a certificate of competency issued by the director or the mine...
Each commercial mine shall be supervised by one (1) or more certified mine foremen who shall see that the provisions of the coal mining laws of Indiana that pertain to their duties and to the...
(A) The operator of each underground commercial mine shall report to the director on or before the 15th day following each calendar month certain information. Such information shall include the...
(A) In dusty locations, electric motors, switches, lighting fixtures, and controls shall be protected by reasonable dusttight construction. (B) Structures shall be kept reasonably free of coal...
(a) Naphtha or other flammable liquids in lamp houses shall be kept in safe containers and safe dispensers. (b) Methane detectors or indicators shall be of a permissible type and maintained in a...
(A) Good housekeeping shall be practiced in and around mine buildings and yards. Such practices include cleanliness, orderly storage of materials, and the removal of possible sources of injury,...
(A) Lights shall be provided as needed in or on surface structures. (B) Paths and walks outside of structures which are required to be used by workmen in the performance of their work shall be...
(A) The management shall provide at or near the face workings an ample supply of suitable materials of proper size with which to secure all working places in a safe manner. (B) Safety posts,...
(a) Explosives or detonators carried anywhere underground by anyone shall be in containers constructed substantially of nonconductive material, maintained in good condition, and kept closed. (b)...
(a) Black blasting powder shall not be stored, handled, or used underground in a mine. (b) All explosives used underground in coal mines shall be of the permissible type and shall be used as...
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(A) Blasting cables shall be: (1) Well insulated and as long as may be necessary to permit the shot firer to get in a safe place around a corner. (2) Short-circuited at the battery end until...
(A) Where misfires occur with electric detonators, a waiting period of at least 5 minutes shall elapse before anyone returns to the shot. After such failures, the blasting cable shall be...
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(A) Where compressed air is used for blasting or breaking down the coal, the following shall apply: (1) Air lines shall be tested to withstand an approximate pressure of 20,000 pounds per...
(a) All mines shall be ventilated by means of main fans installed as follows: (1) On the surface. (2) In fireproof housings. (3) Offset not less than fifteen (15) feet from the nearest...
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In the event that auxiliary fans and tubing are used in lieu of or in conjunction with a line brattice system to provide ventilation of the working face, the following apply: (1) The fans shall...
(a) The main intake and main return air currents in slope mines driven after March 8, 1955, shall be in separate openings. The main intake and main return air currents in a single shaft sunk after...
(a) All active underground working places in a mine shall be ventilated by a current of air containing not less than nineteen and one-half percent (19.5%) of oxygen, not more than one-half percent...
(a) Breakthroughs shall be made in each room at least every sixty (60) feet (which dimension shall be the lineal distance along the rib of the block of coal between breakthroughs). Breakthroughs...
(a) The ventilation shall be so arranged by means of air locks, overcasts, or undercasts that the passage of trips or persons along the entries will not cause interruptions of the air current;...
(a) Substantially constructed line brattice shall be used from the last open breakthrough of an entry or room when necessary to provide adequate ventilation to within ten (10) feet, or a greater...
(a) Examinations for gas and other dangerous conditions shall be made by means of a methane detector approved by the United States Mine Safety and Health Administration or by air analysis. (b) Not...
(A) Coal dust, loose coal, and other combustible materials shall not be permitted to accumulate in active underground workings of a mine. (B) Where underground mining operations raise an excessive...
(a) All underground mines, except those mines or areas of mines in which the dust is too wet or too high in incombustible content to propagate an explosion, shall be rock dusted to within forty...
(a) Where men are transported into or out of a mine by hoists, a properly certified hoisting engineer shall be on duty continuously while any person is underground, except as provided in...
(a) Cages used for hoisting men shall be of substantial construction; with adequate steel bonnets; with enclosed sides; with gates, safety chains, or bars across the ends of the cage when men are...
(a) Track-haulage roads in entries, rooms, and breakthroughs developed after March 8, 1955, shall have a continuous clearance on one (1) side of at least twenty-four (24) inches from the farthest...
(A) Locomotives, mine cars, shuttle-cars, supply cars, conveyors, and all other haulage equipment shall be maintained in a safe operating condition. (B) Wherever practicable, self-propelled mobile...
(a) Locomotives shall be equipped with proper rerailing devices for the rerailing of locomotives and cars. (b) An audible warning device and headlight shall be installed and maintained in good...
(A) Man-trips operated by means of locomotives shall be pulled and at safe speeds consistent with the condition of roads and type of equipment used, and shall be so controlled that they can be...
(A) Overhead high-potential power lines shall be placed at least 15 feet above the ground and 20 feet above driveways and haulageways, shall be installed on insulators, and shall be supported and...
(a) Unless surface transformers are isolated by elevation (eight (8) feet or more above the ground), they shall be enclosed in a transformer house or surrounded by a suitable fence at least six...
(A) All surface and underground substations, battery-charging stations, pump stations, and compressor stations shall be kept free of nonessential combustible material and refuse. (B) All housings...
(a) All underground power wires and cables shall have adequate current-carrying capacity, shall be protected from mechanical injury, and with the exception of trailing cables and power cables...
(A) All metallic sheaths, armors, and conduits enclosing power conductors shall be electrically continuous throughout and shall be grounded effectively. (B) Metallic frames, casings, and other...
(a) Automatic circuit-breaking devices or fuses of the correct type and capacity shall be installed so as to protect all electric equipment and power circuits against excessive overload. Wires or...
(A) Telephone service or equivalent two-way communication facilities shall be provided between the top and each landing of main shafts and slopes and in all mines between the surface and each...
(a) Electric face equipment may be used in a mine. (b) In a mine, permissible junction or distribution boxes shall be used for making multiple power connections in working places or other places...
(a) Trailing cables purchased after March 8, 1955, for use underground shall meet the United States Bureau of Mines requirements for flame-resistant cables. (b) Trailing cables shall be provided...
(A) Electric equipment and wiring shall be inspected by a competent person at least once a month and more often if necessary to assure safe operating conditions, and any defect found shall be...
(A) Electric-light wires shall be supported by suitable insulators, or installed in conduit, fastened securely to the power conductors, and not permitted to touch combustible material. (B)...
(A) The cutter chains of mining machines shall be locked securely by mechanical means or electrical interlocks while such machines are parked or being trammed. (B) Guards required by section...
(A) The following shall be guarded adequately: (1) Gears, sprockets, chains, drive pulleys, head pulleys, tail pulleys, takeup pulleys, flywheels, couplings, shafts, sawblades, fan inlets, and...
(a) Each mine shall be provided with suitable fire-fighting equipment, adequate for the size of the mine. (b) After every blasting operation, an examination shall be made to determine whether...
(A) No mine may resume operations following a mine explosion or mine fire until such mine has been inspected in its entirety by the director or mine inspector and found by him to be in safe...
An accurate map of the mine prepared in accordance with IC 22-10-2-1 [repealed] shall be posted in a place accessible to employees. Such map shall be brought up to date at least every twelve (12)...
The drilling and sealing of oil and gas wells penetrating coal beds or underground workings of mines shall be done in compliance with Indiana Statutes. ...
Whenever any working place in an underground mine approaches within 50 feet of abandoned workings in such mine as shown by surveys made and certified by a competent engineer or surveyor, or within...
(A) Every underground mine shall have at least two (2) separate surface openings except as provided for in subsections (E) and (F) of this section. (B) The distance between shafts at any mine...
(A) Persons in underground mines may use only permissible electric lamps for portable illumination. (B) Light bulbs on extension cables shall be guarded adequately. ...
Each mine shall have a check-in and check-out system that will provide positive identification upon the person of every individual underground. An accurate record of the men in the mine, which...
(A) Smoking is not permitted in underground mines and no person may carry smoking materials, matches, or lighters underground. (B) The intentional creation of any arc, spark, or open flame, except...
(A) All persons must wear protective hats while underground and also while on the surface in all working areas. (B) Protective footwear must be worn by employees, officials, and others while on...
(A) Each mine shall have an adequate supply of first-aid equipment located on the surface, at the bottom of shafts and slopes, and at other strategic locations near the working faces. The...
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(a) For the protection of the health of employes, the operator, lessee, superintendent of, or other person in charge of every coal mine or colliery, or other place where laborers employed are...
No person under the age of eighteen (18) years may enter any mine for the purpose of employment. A parent or guardian of each person seeking employment must furnish an affidavit as to the age of...
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IC 22-10-1.5 through IC 22-10-11 shall not be construed as repealing or in any wise affecting the operation of IC 22-3-2 through IC 22-3-6 applicable to the coal mines of the state of Indiana. ...
A person who knowingly violates this article commits a Class B misdemeanor. ...
For the purpose of carrying out IC 22-10-1.5 through IC 22-10-11, the necessary money is to be appropriated by the biennial budget act. ...
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Every owner or operator who is engaged in any such industry, where the product is brought to a tipple to be loaded, shall keep and maintain at least three (3) fire extinguishers of a standard type...
(a) Every owner or operator who is engaged in any such industry that uses electrically driven machinery, and where a cable or other conductor is used to transfer power from a transformer to...
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Every owner or operator who is engaged in any such industry where powder is stored in car-load lots for future use, shall maintain a suitable powder house not less than five hundred (500) feet...
All geared machinery, where gears are exposed, shall be properly guarded with standard guards commonly used for such purposes. ...
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The bureau of mines and mine safety shall acquire and maintain at all times the breathing apparatuses, universal testers, booster pumps, and related equipment required to equip two (2) complete...
(a) A mine rescue team consisting of at least five (5) members and two (2) alternate members shall be provided at each underground mine in Indiana. A team may not have fewer than five (5) members...
In the event of an underground mine disaster, the director of the bureau of mines and mine safety, in cooperation with interested federal agencies, shall order and coordinate the rescue operations...
The director of the bureau of mines and mine safety shall provide an annual statistical report including a list of all trained mine rescue teams. The report shall be sent to all mines that have...
Sections 10, 11, 12, and 13 [IC 22-10-12-10, 22-10-12-11, 22-10-12-12, 22-10-12-13] of this chapter apply to any surface coal mine at the request of the mine owner or operator. ...
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The bureau of mines and mine safety shall inspect auger operations at least once each year and may enforce the mandatory safety standards concerning auger operations adopted by the Secretary of...
Before any person enters an auger hole the auger operator shall notify the director or mine inspector and: (1) Check for methane gas (CH4) before entering the hole; and (2) Install roof...
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As used in this chapter, 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...
(a) A contractor doing work, other than work for a political subdivision, in a county having a population of: (1) more than four hundred thousand (400,000), but less than seven hundred thousand...
This chapter does not prohibit a county having a unified license bond, or a city or town within that county, from requiring licenses to do business in that county, city or town. However, the...
A license issued by a county having a unified license bond or a city or town within that county is valid until the contractor to whom the license was issued fails to perform any work under that...
If a contractor who is issued a license in a county having a unified license bond allows his license to expire, he may be required by the county, or a city or town within that county, which issued...
A contractor who on January 1, 1980, had a valid license issued by a county, or a city or town within that county, is not required to reapply for a license, but all other provisions of this...
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As used in this chapter: Auto burglar alarm means a tube that contains pyrotechnic composition that produces a loud whistle or smoke when ignited. A small quantity of explosive, not exceeding...
(a) The fire prevention and building safety commission may adopt rules for the granting of permits for supervised public displays of fireworks by municipalities, fair associations, amusement...
(a) The governing body of the municipality shall require a certificate of insurance conditioned for the payment of all damages which may be caused either to a person or persons in an amount of not...
(a) Nothing in this chapter shall be construed to prohibit: (1) Any resident wholesaler, manufacturer, importer, or distributor from selling: (A) At wholesale fireworks not prohibited by...
(a) The state fire marshal shall remove at the expense of the owner, all stocks of fireworks or combustibles possessed, transported, or delivered in violation of this chapter. (b) The state fire...
A person who violates section 4(c), 5(c), 5(d), 7, or 8 [IC 22-11-14-4(c), IC 22-11-14-5(c), (d), IC 22-11-14-7, or IC 22-11-14-8] of this chapter commits a Class A misdemeanor. ...
(a) A retailer selling fireworks at one (1) or more temporary stands must obtain a fireworks stand retail sales permit, referred to in this section as a permit, from the state fire marshal. (b)...
A person shall not sell at retail, or offer for sale at retail, any fireworks, novelties, or trick noisemakers other than the following: (1) Dipped sticks or wire sparklers. However, total...
The state fire marshal is charged with the responsibility of enforcing this chapter. ...
(a) Each interstate wholesaler shall keep a record of each sale of fireworks not approved for sale in Indiana. This record must include: (1) The purchaser's name; (2) The purchaser's...
It is the intent of the general assembly to protect the public welfare and promote safety in the filling and use of pressure vessels containing liquefied petroleum gases by implementing both the...
As used in this chapter: (1) Liquefied petroleum gas means any material composed predominantly of any of the following hydrocarbons or mixtures of the same: propane, propylene, butanes...
If a liquefied petroleum gas container bears on its surface in legible characters the name, mark, initials, or other identifying device of its owner, it is unlawful for any person except the owner...
Possession of a liquefied petroleum gas container by any person other than the owner without the owner's written consent is presumptive evidence of the unlawful use of that container, except as...
Any person or his agent with personal knowledge of the facts who has reason to believe that any of his liquefied petroleum gas containers are in the possession of or are being illegally used by...
(a) A person injured as a result of an act or practice that violates this chapter may bring a civil action: (1) for declaratory relief; (2) for injunctive relief; or (3) to recover...
Any person who violates this chapter commits a Class C misdemeanor. ...
As used in this chapter, owner means a person having control or custody of any building covered by this chapter. ...
(a) The fire prevention and building safety commission shall adopt rules under IC 4-22-2 governing fire safety in certain buildings as specified in subsection (b). (b) Except as provided in...
(a) The rules required by this chapter must include the following requirements: (1) In all hotels, motels, and buildings containing three (3) or more sleeping rooms that rent for a fee, an...
An owner violating the provisions of this chapter or the rules adopted under it, commits a Class A infraction. ...
The state fire marshal's office shall, as part of its normal inspection process, conduct inspections to determine if there is compliance with this chapter and the rules adopted under it. Any...
As used in this chapter: (1) Commission refers to the Indiana fire prevention and building safety commission. (2) Exit means a continuous and unobstructed means of egress to a public way...
(a) Except as provided in subsection (b) and section 2.5 [IC 22-11-17-2.5] of this chapter, an owner of a public building shall not permit an exit to be locked or obstructed in any manner that...
(a) A hospital licensed under IC 12-25 or IC 16-21 or a health facility licensed under IC 16-28 complies with section 2(a) [IC 22-11-17-2(a)] of this chapter by meeting the federal standards of...
An owner who violates section 2 [IC 22-11-17-2] of this chapter commits a Class B misdemeanor. ...
An owner of a public building commits a Class D felony if: (1) He knowingly or intentionally violates section 2 [IC 22-11-17-2] of this chapter; and (2) Bodily injury (as defined by IC...
The state fire marshal's office may, as part of its normal inspection process, conduct inspections to determine if there is compliance with this chapter and the rules adopted under it. Any...
(a) This chapter does not prohibit the securing of a building from illegal entry or exit during nonbusiness or nonworking hours. (b) This chapter is not intended to conflict with the requirements...
(a) This chapter applies to all hotels, motels, and dwellings. (b) A totally sprinkled building (conforming to Uniform Building Code standards at the time of construction) is exempt from the...
(a) This section only applies to hotels and motels. (b) All hotels and motels must have functional smoke detectors. (c) Except as provided in subsection (f), a detector must be installed in all...
(a) This section only applies to dwellings. (b) A rule or an ordinance is not voided or limited by this section if the rule or ordinance: (1) Applies to an occupied dwelling; and (2) Is at...
A violation of section 3.5 [IC 22-11-18-3.5] of this chapter does not constitute grounds for a reduction or denial of a claim under an insurance policy even if the policy contains terms to the...
Compliance with this chapter does not relieve the owner from the requirements of any other applicable law, ordinance, rule, or regulation. ...
(a) The state fire marshal's office shall, as part of its normal inspection process, conduct inspections of hotels and motels to determine if the detectors are installed and functioning in...
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As used in this chapter, 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...
As used in this chapter, appurtenances includes pumps, compressors, safety relief devices, liquid level gauging devices, valves, and pressure gauges. ...
As used in this chapter, container includes vessels, tanks, cylinders, or spheres. ...
As used in this chapter, law includes the following: (1) IC 13 or a rule adopted under IC 13. (2) IC 15-3-2 or a rule adopted under IC 15-3-2. (3) IC 22-8-1.1 or a rule adopted under IC...
(a) This section does not apply to a person that stores or transports anhydrous ammonia (NH3) or an ammonia solution for a lawful agricultural or commercial purpose. (b) A person who knowingly or...
The definitions in this chapter apply throughout this article, IC 22-13, IC 22-14, and IC 22-15. ...
Agricultural purpose includes farming, dairying, pasturage, apiculture, horticulture, floriculture, vitaculture [viticulture], ornamental horticulture, olericulture, pomiculture, animal...
ANSI refers to the American National Standards Institute. ...
ASME refers to the American Society of Mechanical Engineers. ...
Building law means any fire safety law, equipment law, or other law governing any of the following: (1) Fabrication of an industrialized building system or mobile structure for installation,...
(a) Class 1 structure means any part of the following: (1) A building or structure that is intended to be or is occupied or otherwise used in any part by any of the following: (A) The...
(a) Class 2 structure means any part of the following: (1) A building or structure that is intended to contain or contains only one (1) dwelling unit or two (2) dwelling units unless any part...
Commission refers to the fire prevention and building safety commission. ...
Construction means any of the following: (1) Fabrication of any part of an industrialized building system or mobile structure for use at another site. (2) Erection or assembly of any part...
Control means authority to create, change, or eliminate a condition or to initiate, regulate, or terminate conduct that is based on any of the following: (1) An agency, employment, or...
Education board refers to the board of firefighting personnel standards and education. ...
Equipment law means a statute or rule under this article, IC 22-13, or IC 22-15 that applies to the design, manufacture, fabrication, assembly, installation, alteration, repair, maintenance,...
Fire department means a paid fire department or volunteer fire department that renders fire prevention or fire protection services to a political subdivision. ...
Fire safety law means any building law, equipment law, or other law safeguarding life or property from the hazards of fire or explosion. ...
Industrialized building system means any part of a building or other structure that is in whole or in substantial part fabricated in an off-site manufacturing facility for installation or...
Law includes any statute, rule, ordinance, or other regulation. ...
(a) Mobile structure means any part of a fabricated unit that is designed to be: (1) Towed on its own chassis; and (2) Connected to utilities for year-round occupancy or use as a Class 1...
Person means an individual, corporation, limited liability company, partnership, unincorporated association, or governmental entity. ...
Qualified entity means: (1) a volunteer fire department (as defined in IC 36-8-12-2); (2) the executive of a township providing fire protection under IC 36-8-13-3(a)(1); or (3) a...
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(a) Regulated amusement device means a device designed to carry or convey one (1) or more persons in one (1) or more planes or degrees of motion for the purpose of amusement, recreation, or...
(a) Regulated boiler or pressure vessel refers to any part of a boiler or pressure vessel not described in subsection (b). (b) The term does not include any of the following: (1) Water...
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(a) Regulated lifting device means any part of the components, enclosures, and equipment necessary for the operation of the following: (1) A hoisting and lowering mechanism, equipped with a...
Regulated place of amusement or entertainment refers to the following: (1) A theater, opera house, movie theater, dance hall, night club with a stage or floor show, or another place that...
Revolving fund refers to the firefighting and emergency equipment revolving loan fund established by IC 22-14-5. ...
Stand means a structure, booth, or table for display and sale of farm produce. ...
Rules board refers to the boiler and pressure vessel rules board. ...
Vehicular bridge means any bridge that is neither: (1) A pedestrian walkway; nor (2) A passageway for light vehicles; suspended between two (2) or more parts of a building or between two...
The fire prevention and building safety commission is established. ...
(a) The commission consists of nineteen (19) voting members and two (2) nonvoting members. The governor shall appoint seventeen (17) voting members to the commission, each to serve a term of four...
The governor may remove a member of the commission for inefficiency or neglect of duty. ...
(a) The commission shall meet at least quarterly. (b) A quorum of the commission consists of ten (10) voting members. IC 4-21.5-3-3 applies to a commission action governed by IC 4-21.5. The...
The department shall provide facilities and staff to carry out the responsibilities of the commission. ...
(a) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement for...
The board of firefighting personnel standards and education is established. ...
(a) The education board consists of eleven (11) voting members. The governor shall appoint nine (9) individuals as voting members of the education board, each to serve a term of four (4) years....
The governor may remove a member of the education board for inefficiency or neglect of duty. ...
If a vacancy occurs on the education board, the governor shall appoint an individual to serve the unexpired term of the vacating member. ...
The education board shall annually elect a chairperson, a vice chairperson, and a secretary from among its members. ...
(a) The education board shall meet as it determines necessary. (b) Meetings of the education board shall be called upon the request of its chairperson or the written request of five (5) of its...
The office of the state fire marshal shall provide facilities and staff to carry out the responsibilities of the education board. ...
(a) Each member of the education board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b) for attendance at meetings of the education board where...
The boiler and pressure vessel rules board is established. ...
(a) The governor shall appoint ten (10) voting members to the rules board, each to serve a term of four (4) years. (b) The rules board must include the following: (1) One (1) individual who...
The governor may remove a member of the rules board for inefficiency or neglect of duty. ...
If a vacancy occurs on the rules board, the governor shall appoint an individual to serve the unexpired term of the vacating member. ...
The rules board shall annually elect a chairperson from among its members. ...
(a) The rules board shall meet at least quarterly. (b) Meetings of the rules board shall be called upon the request of its chairperson. ...
The department shall provide facilities and staff to carry out the responsibilities of the rules board. ...
Each member of the rules board is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel...
As used in this chapter, board refers to the regulated amusement device safety board established by section 2 [IC 22-12-4.5-2] of this chapter. ...
The regulated amusement device safety board is established. ...
(a) The board has eleven (11) members, appointed as follows: (1) The chief inspector of the division of elevator safety or the chief inspector's designee. (2) One (1) individual who...
(a) The term of a member is three (3) years. A member continues to serve until the member's successor is appointed or until sixty (60) days have elapsed since the member's term expired, whichever...
(a) The board shall meet at least biannually. (b) A quorum of the board consists of six (6) members. The affirmative votes of at least six (6) members of the board are required for the board to...
(a) Each member of the board who is not a state employee is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement for...
The department shall provide facilities and staff to carry out the responsibilities of the board. ...
The fire and building services department is established. The department consists of the following offices and divisions: (1) Office of the executive director. (2) Office of the state fire...
The principal offices of the department and its offices and divisions must be located in one (1) place. ...
Sufficient qualified personnel shall be employed in the department to carry out its responsibilities. IC 4-15-2 applies to all personnel in the department. ...
(a) The governor shall appoint an executive director for the department who serves at the pleasure of the governor. (b) The executive director must: (1) Have executive experience in the...
(a) A division of management information and statistics is established within the department. (b) The director of the division shall be appointed by and shall serve at the pleasure of the...
(a) A division of education and information is established within the department. (b) The director of the division shall be appointed by and shall serve at the pleasure of the executive director...
(a) A division of technical services and research is established within the department. (b) The director of the division shall be appointed by and shall serve at the pleasure of the executive...
(a) The fire and building services fund is established for the purpose of defraying the personal services, other operating expense, and capital outlay of the following: (1) The department of...
(a) The statewide fire and building safety education fund is established to provide money to: (1) local fire and building inspection departments for enrollment in education and training...
...
(a) All fire insurance companies licensed to transact business in Indiana shall pay to the treasurer of state before March 2 of each year an amount equal to one-half of one percent (0.5%) of the...
(a) The commission may adopt rules under IC 4-22-2 setting a fee schedule for the following: (1) Fireworks display permits issued under IC 22-11-14-2. (2) Explosives magazine permits issued...
(a) The application fee for a fireworks manufacturer, distributor, wholesaler, or importer permit issued under IC 22-11-14-5 shall be set by rules adopted by the commission under IC 4-22-2. (b)...
(a) The office of the state building commissioner shall charge the following schedule of fees: (1) Installation permits for new passenger elevators, freight elevators, material lifts with...
(a) The office of the state building commissioner may not charge more than two (2) of the fees described in subsections (b), (c), and (d), to an owner or user for inspections of regulated boilers...
(a) This section applies when a person other than the office of the state building commissioner inspects a regulated boiler or pressure vessel for the issuance of a permit under IC 22-15-6. (b)...
(a) The office of the state building commissioner shall compute the charge to manufacturers (including fabricators, field assemblers, and repairers of any part of a regulated boiler or pressure...
The rules board shall set the application fee for a regulated boiler and pressure vessel inspector license under IC 22-15-6-5. ...
(a) As used in this section, credit card means a bank card, debit card, charge card, prepaid card, or other similar device used for payment. (b) In addition to other methods of payment allowed...
This chapter applies to the commission, the education board, the rules board, and every officer, employee, and agent of an office or division within the department whenever the person has...
IC 4-21.5 applies to persons described in section 1 [IC 22-12-7-1] of this chapter. ...
Notwithstanding IC 4-21.5-3-5, the appropriate person under section 1 [IC 22-12-7-1] of this chapter shall issue the following orders under IC 4-21.5-3-4: (1) The grant, renewal, restoration,...
The appropriate person under section 1 [IC 22-12-7-1] of this chapter shall issue the following orders under IC 4-21.5-3-6: (1) An order requiring a person to cease and correct any violation of...
An order issued under IC 4-21.5-3-6 must grant a reasonable time in which to cease and correct a violation of law covered by the order. ...
(a) An emergency or other temporary order may be issued under IC 4-21.5-4 whenever the appropriate person under section 1 [IC 22-12-7-1] of this chapter determines that conduct or a condition of...
An order under IC 4-21.5-3-6 or IC 4-21.5-4 may include the following, singly or in combination: (1) Require a person who has taken a substantial step toward violating a law or has violated a...
(a) If a licensee is placed on probation under section 7 [IC 22-12-7-7] of this chapter, the person issuing the order may require that licensee to: (1) Report regularly to the department or...
(a) The person issuing the order may reinstate a license that has been suspended under section 7 [IC 22-12-7-7] of this chapter if the person issuing the order is satisfied that the applicant for...
(a) A person described in section 1 [IC 22-12-7-1] of this chapter shall try to be consistent in imposing sanctions authorized under section 7(4) [IC 22-12-7-7(4)] of this chapter. (b) If...
(a) An order issued by the rules board may be appealed to the commission under IC 4-21.5-3-7. (b) If an order is appealed, the commission or its designee shall conduct all administrative...
(a) This section applies to an order issued by an officer, employee, or agent of an office or division within the department. (b) The office or division issuing an order shall give a person who:...
In lieu of issuing an administrative order, the appropriate person under section 1 [IC 22-12-7-1] of this chapter may apply for an order from a circuit or superior court in the county in which a...
Upon a showing that a person has: (1) Taken a substantial step toward violating a law; or (2) Violated a law; the court may grant without bond an injunction, restraining order, or other...
Each day that an infraction under this chapter occurs constitutes a separate infraction. ...
A person who violates: (1) A rule adopted under this article, IC 22-13, IC 22-14, or IC 22-15; (2) A condition of a permit, certification, registration, release, authorization, variance,...
A person who recklessly allows another to commit a violation of: (1) A rule adopted under this article, IC 22-13, IC 22-14, or IC 22-15; (2) A condition of a permit, certification,...
As used in this chapter, 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. ...
(a) Immediately upon abandoning the use of heating oil as a fuel in heating a property, the owner of a heating oil tank, under applicable state and federal law, shall: (1) remove all flammable...
A contractor or subcontractor proposing to convert a residential property from heating oil to another heat source shall inform the property owner of the requirements of this chapter and include in...
The definitions set forth in IC 22-12-1 and this chapter apply throughout this article. ...
Building rule means a rule that: (1) Is adopted by the commission; and (2) Qualifies as a building law under IC 22-12-1-3. ...
Fire safety rule means a rule that: (1) Is adopted by the commission; and (2) Qualifies as a fire safety law under IC 22-12-1-13. ...
Except as provided in this article, state agencies and political subdivisions may exercise their statutory powers to regulate buildings, structures, and other property. ...
(a) The commission shall adopt rules under IC 4-22-2 and IC 22-13-2.5 to adopt a statewide code of fire safety laws and building laws. (b) Before December 1, 2003, the commission shall adopt the...
(a) Except to the extent provided in subsection (c), the rules adopted under section 2 [IC 22-13-2-2] of this chapter take precedence over: (1) Any rule adopted by a state agency that conflicts...
If the commission finds duplication, conflict, or overlapping of responsibility between: (1) This article, IC 22-12, IC 22-14, IC 22-15, a fire safety rule, or a building rule; and (2) The...
(a) The commission shall carry out a program to review the fire safety laws and the building laws adopted in the ordinances and other regulations of political subdivisions. (b) An ordinance or...
(a) The commission may review and modify or reverse any variance or other order that: (1) Is issued by a state agency or political subdivision; and (2) Covers a subject governed by this...
(a) The commission shall adopt rules under IC 4-22-2 to create equipment laws applicable to regulated lifting devices. (b) Subject to the approval of the commission, the rules board shall adopt...
Except as provided in section 10 [IC 22-13-2-10] of this chapter, political subdivisions do not have the power to regulate regulated: (1) amusement devices; (2) boilers; (3) lifting...
(a) A county, city, or town may regulate regulated lifting devices if the unit's regulatory program is approved by the commission. (b) A unit must submit its ordinances and other regulations that...
(a) The commission or the rules board may grant a variance to a rule that it has adopted. (b) To qualify for a variance, an applicant must pay the fee set under IC 22-12-6-6 and submit facts...
(a) This section applies if the commission is authorized by statute to enter into agreements with the federal government, another state, or foreign country. (b) An agreement under this section...
The commission may engage in studies and consult with any person to implement this article, IC 22-12, IC 22-14, and IC 22-15. ...
(a) This chapter applies to a proposed rule that is the subject of a notice of intent to adopt a rule published in the Indiana Register after June 30, 1997, by the fire prevention and building...
(a) Except as provided in section 3 [IC 22-13-2.5-3] of this chapter, the commission may not adopt a rule under this chapter until the commission has conducted two (2) public hearings in...
The commission is not required to comply with section 2 [IC 22-13-2.5-2] of this chapter if a proposed rule constitutes: (1) the adoption or incorporation by reference of a federal statute,...
The commission shall adopt fire safety rules that prohibit the following: (1) The storage of regulated explosives (as defined in IC 35-47.5-2-13) in quantities exceeding the maximum quantity...
(a) This section applies to the following laboratories: (1) Analytical laboratories approved by the office of the state fire marshal under the alternative criteria established by the commission...
The commission shall adopt fire safety rules that prohibit the occupancy or use of Class 1 structures that do not comply with the commission's rules governing the number, type, location,...
(a) The building rules adopted by the commission to govern new construction must promote the following: (1) Safety. (2) Sanitary conditions. (3) Energy conservation. (4) Access by a...
(a) The commission shall adopt building rules for the purpose of complying with and implementing the Americans with Disabilities Act
The commission shall adopt building rules to govern the construction of industrialized building systems and mobile structures. In these rules, industrialized building systems and mobile structures...
(a) This section applies to a building or other structure that is: (1) Temporarily used as a model or office for the sale of a one (1) or two (2) family dwelling; or (2) Used for an...
The commission may adopt building rules that exempt minor construction (as defined in the rules adopted by the commission) from the design release requirement under IC 22-15-3 and the regulated...
(a) The commission shall adopt building rules that allow a person to convert a building or other structure, in whole or in part, from one (1) class of occupancy and use established under the...
(a) This section applies to Class 1 structures that are partially or entirely located within the geographic area included in seismic zone 2A. (b) As used in this section, seismic zone 2A refers...
As used in this chapter, interested person refers to a person that has a dispute with a county or a municipality regarding the interpretation of a building law. ...
Upon the written request of an interested person, the office of the state building commissioner may issue a written interpretation of a building law. An interpretation issued by the office of the...
(a) A written interpretation issued under section 2 [IC 22-13-5-2] of this chapter binds the interested person and the county or municipality with whom the interested person has the dispute until...
Each day that an infraction under this article occurs constitutes a separate infraction. ...
(a) This section applies to a provision of this article that requires an applicant for a certification, registration, permit, approval, or other license to: (1) Demonstrate that a person is in...
The definitions set forth in IC 22-12-1 and this chapter apply throughout this article. ...
Office refers to the office of the state fire marshal. ...
The office of the state fire marshal is established within the department. ...
(a) Except as provided in this section, the state fire marshal shall appoint under IC 4-15-2 and organize the other personnel within the office. Subject to IC 4-12-1, the state fire marshal may...
To carry out the office's responsibilities, the state fire marshal or a deputy fire marshal may: (1) Exercise the powers of a law enforcement officer to prevent fires and conduct arson...
(a) The office shall carry out a program to provide public information concerning fire prevention and maintain data and statistics concerning fires and fire prevention activities. (b) The office...
(a) The office shall develop programs to train fire department personnel and volunteers. The office may develop these training programs in cooperation with any accredited educational institution...
(a) This section does not limit the powers, rights, duties, and other responsibilities of municipal or county governments or impose requirements affecting pension laws or any other laws. (b) This...
(a) Regardless of the extent of the investigation conducted by a fire department under IC 36-8-17-7, the office may conduct an investigation into the causes and circumstances surrounding any fire...
The office shall review and may approve plans and specifications presented to the office for a design release under IC 22-15-3 for compliance with the fire safety laws. ...
(a) The office shall carry out a program to: (1) Enforce all fire safety laws and related variances and other orders; and (2) Protect the public from fire hazards. (b) The office shall carry...
The office shall carry out a program to periodically inspect structures and other property that are used by the state, a county, a city, a town, or a school corporation, including institutions...
(a) Except as provided in subsection (c), this chapter does not apply to a nonpublic school (as defined in IC 20-10.1-1-3) or a school operated by a school corporation (as defined in IC...
(a) The office shall issue an amusement and entertainment permit to an applicant who qualifies under section 3 [IC 22-14-3-3] of this chapter. (b) A permit issued under section 3 of this chapter...
To qualify for an amusement and entertainment permit, an applicant must: (1) Submit an application sworn or affirmed under penalties of perjury on forms provided by the office upon request;...
(a) The office may modify an amusement and entertainment permit with a special event endorsement that covers one (1) or more events not specified in the initial permit. (b) To qualify for a...
(a) This section applies to the following: (1) Each person who has control over the performance of an amusement or entertainment described in IC 22-12-1-23. (2) Each person who has control...
(a) The firefighting and emergency equipment revolving loan fund is established. The office shall administer the revolving fund. The revolving fund must be used for the purposes of: (1)...
The commission shall adopt rules under IC 4-22-2 to do the following: (1) Establish the policies and procedures to be used by the department in the administration of the revolving fund. (2)...
The commission may not require a qualified entity to provide money from other sources to match the amount of a loan under this chapter. ...
The total amount of loans under this chapter that may be outstanding at any time may not exceed five million dollars ($ 5,000,000). ...
The total amount of loans under this chapter that may be outstanding at any time to a single qualified entity may not exceed one hundred fifty thousand dollars ($ 150,000). ...
(a) The office shall assign a loan priority rating to each loan application under this chapter. (b) The loan priority rating must be assigned in conformity with criteria adopted by the commission....
A loan under this chapter is subject to the following conditions: (1) The qualified entity may use the loan only for the purchase of new or used firefighting and other emergency equipment or...
Notwithstanding any other law, the loan to a qualified entity under this section may be directly negotiated with the office without public sale of bonds or other evidences of indebtedness of the...
Before applying for a loan under this chapter, a qualified entity must obtain the approval of a fiscal unit that contracts with the qualified entity if: (1) The unit is providing more than...
The making of the loan from the revolving fund does not constitute the lending of credit by the state for purposes of any other statute or the Constitution of the State of Indiana. ...
If a qualified entity fails to make repayment of money loaned under this chapter or is in any way indebted to the revolving fund for any amount incurred or accrued, the amount payable may be...
Each day that an infraction under this article occurs constitutes a separate infraction. ...
Office refers to the office of the state building commissioner. ...
The office of the state building commissioner is established within the department. ...
(a) The state building commissioner shall organize the office into the following divisions: (1) A division of code enforcement to carry out section 7 of this chapter and IC 22-15-4 and to...
(a) The state building commissioner shall appoint a director to each of the divisions established by section 3 [IC 22-15-2-3] of this chapter. These directors serve at the pleasure of the state...
The state building commissioner and other office employees may not directly or indirectly engage for money or other consideration in the private practice of architecture, the private practice of...
To carry out the office's responsibilities, the state building commissioner or an employee or another agent of the office may: (1) exercise any program of supervision that is approved by the...
(a) The office shall issue a design release for: (1) The construction of a Class 1 structure to an applicant who qualifies under section 2 or 3 [IC 22-15-3-2 or IC 22-15-3-3] of this chapter;...
To qualify for a design release under this section, an applicant must: (1) Demonstrate, through the submission of plans and specifications for the construction covered by the application, that...
(a) This section applies only to an application for a design release to construct: (1) A Class 1 structure with thirty thousand (30,000) or fewer cubic feet of space; (2) An addition to a...
(a) This section does not authorize a variance from any rule adopted by the commission. (b) The rules adopted by the commission do not prevent the use of: (1) Materials; (2) Methods of...
(a) The office shall certify an industrialized building system for use in Indiana to an applicant who qualifies under this section. If an applicant qualifies for certification under this section,...
(a) The office shall certify a mobile structure for sale and use in Indiana for an applicant who qualifies under this section. If an applicant qualifies for certification under this section, the...
The commission may authorize any qualified person to conduct inspections and issue certifications under this chapter. ...
(a) The commission may enter into an agreement under IC 22-13-2-12 to authorize the sale and use of industrialized building systems and mobile structures that are not certified under section 1 or...
A person who offers to sell or sells for money or other consideration a mobile structure that: (1) Is manufactured after: (A) January 1, 1972, if the mobile structure is designed to be a...
A person who offers to sell or sells a mobile structure that: (1) Was certified by the office under IC 9-8-1.5 (before its repeal on July 1, 1987) or section 2 or 4 [IC 22-15-4-2 or 22-15-4-4]...
(a) For purposes of this section, a reference to
(a) The office shall issue a regulated lifting device installation or alteration permit to an applicant who qualifies under this section. (b) To qualify for a permit under this section, an...
A permit issued under section 1 of this chapter is subject to sanctions as provided in IC 22-12-7-7 for any of the following reasons: (1) A false statement or misrepresentation of the material...
A permit granted under section 1 of this chapter expires for the following reasons: (1) The work authorized by the permit has not begun within one (1) year after the date of issuance or within...
(a) This section does not apply to minor construction that is exempted from this section under IC 22-13-4. (b) This section applies to the following: (1) Each person who installs or alters a...
(a) All regulated lifting devices shall be registered under this section. (b) The office shall issue a registration for a regulated lifting device to an applicant who qualifies under this section....
(a) This section does not apply to a person who uses a regulated lifting device unless the person also has authority to: (1) Construct, repair, or maintain the regulated lifting device; or...
(a) The following definitions apply to sections 7 through 16 [IC 22-15-5-7 through IC 22-15-5-16] of this chapter: (1) Competency examination means an examination that thoroughly tests the...
(a) An individual may not act as an elevator contractor unless the individual: (1) holds an elevator contractor license issued under this chapter; or (2) is an employee of a partnership, a...
(a) An application for an elevator contractor license must contain the following information: (1) If the applicant is an individual, the name, business address, telephone number, and electronic...
An individual engaged in the business of an elevator contractor shall carry: (1) the individual's license; or (2) a facsimile of the license of the partnership, corporation, or educational...
(a) An individual may not act as an elevator inspector unless the individual holds an elevator inspector license issued under this chapter. (b) An individual who is an applicant for an elevator...
(a) An individual may not act as an elevator mechanic unless the individual holds an elevator mechanic license issued under this chapter. A license is not required for an elevator apprentice. (b)...
(a) This section does not apply to the following: (1) An individual employed by the following: (A) The state. (B) A county. (C) A municipality. (D) An educational...
(a) This section does not apply to a licensed elevator contractor that is not an individual. (b) To renew a license issued under this licensing program, the license holder must satisfy the...
(a) A practitioner shall comply with the standards established under this licensing program. A practitioner is subject to the exercise of the disciplinary sanctions under subsection (b) if the...
(a) The office shall conduct a program of periodic inspections of regulated boilers and pressure vessels. The office or a boiler and pressure vessel inspector acting under section 4 [IC 22-15-6-4]...
(a) This section does not apply to a person who uses a regulated boiler or pressure vessel unless the person has authority to: (1) Construct, repair, or maintain the regulated boiler or...
(a) As used in this section, inspection agency means: (1) An insurance company engaged in insuring and inspecting regulated boilers and pressure vessels in Indiana; or (2) An owner or user...
(a) The office shall issue a boiler and pressure vessel inspector license to an applicant who qualifies under this section. (b) To qualify for a license under this section an applicant must:...
(a) The office shall issue a license to act as an owner or user boiler and pressure vessel inspection agency who qualifies under this section. (b) A license issued under this section expires if...
As used in this chapter, applicant or 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...
The office shall carry out a program of periodic on-site inspections of the erection and operation of regulated amusement devices. These inspections are not a prerequisite for operation of a...
(a) The office shall issue a regulated amusement device operating permit to an applicant who qualifies under this section. If an applicant qualifies for a permit under this section, an inspector...
(a) This section does not apply to a person who uses a regulated amusement device unless the person has authority to: (1) Construct, repair, or maintain the regulated amusement device; or...
(a) The commission shall adopt rules under IC 4-22-2 to define appropriate training for a person who inspects regulated amusement devices. (b) The rules required under this section must, at a...
(a) A permittee shall, during the permit period, maintain at each location operated by the permittee for each regulated amusement device at the location the following: (1) A current owner's...
In addition to a regularly scheduled inspection of a regulated amusement device, the commission may, upon demand by the commission, inspect a regulated amusement device at any time following:...
(a) The operator of a regulated amusement device: (1) must be at least sixteen (16) years of age; (2) must be in attendance whenever the regulated amusement device is in operation; and...
There is created a department of labor, which shall be administered by a commissioner of labor. ...
(a) The commissioner of labor shall be appointed by the governor for a term not to exceed four (4) years and shall serve at the will of the governor and until his successor shall have been...
(a) Any individual appointed commissioner of labor who: (1) In order to perform the duties of office has left or leaves a position or employment, other than a temporary position or employment,...
(a) The department of labor shall be provided with adequate offices in the state capitol building or in some other suitable building in Indianapolis, in which its records shall be kept and its...
The following bureaus are created within the department of labor: (1) The bureau of mines and mine safety. (2) The bureau of child labor. ...
Each bureau is under the immediate charge of a director who is under the immediate charge of the commissioner. A director for each bureau shall be appointed by the commissioner of labor with the...
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The commissioner of labor may do the following: (1) Make or cause to be made all necessary inspections to see that all of the laws and rules enacted or adopted for that purpose and that the...
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Every employer and place of employment under the jurisdiction of the department of labor created by this chapter shall: (1) Furnish employment that is safe for the employees therein; (2)...
The commissioner of labor is authorized and directed to do the following: (1) To investigate and adopt rules under IC 4-22-2 prescribing what safety devices, safeguards, or other means of...
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(a) Every employer, employee, owner or other person shall furnish to the commissioner of labor any information which the commissioner of labor is authorized to require, and shall make true and...
The commissioner of labor and his authorized representative shall have the power and the authority to enter any place of employment for the purpose of collecting facts and statistics relating to...
The commissioner of labor and any officer or employee of the department of labor designated by the commissioner, in the performance of any duty, or the execution of any power prescribed by law,...
It shall be the duty of the several prosecuting attorneys of the respective judicial circuits or the attorney-general of the state of Indiana on the relation of the state of Indiana, upon the...
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The Commissioner of Labor shall prepare job specifications for the use of the Department of Administration which specifications shall be considered as advisory and may be amended and changed by...
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There are persons employed in some occupations in the state of Indiana at wages insufficient to provide adequate maintenance for themselves and their families. Such employment impairs the health,...
As used in this chapter: Commissioner means the commissioner of labor or the commissioner's authorized representative. Department means the department of labor. Occupation means an industry,...
(a) Every employer employing four (4) or more employees during a work week shall: (1) in any work week beginning on or after July 1, 1968, in which he is subject to the provisions of this...
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Every employer subject to the provisions of this chapter or to any rule or order issued under this chapter shall furnish to each employee a statement of the hours worked by the employee and the...
Any employer who violates the provisions of section 4 [IC 22-2-2-4] of this chapter shall be liable to the employee or employees affected in the amount of their unpaid minimum wages and in an...
(a) An employer or his agent who: (1) Discharges or otherwise discriminates in regard to tenure or condition of employment against any employee because the employee has: (A) Instituted or...
An employer who consistently discharges persons within four (4) weeks of their employment and replaces the discharged person without work stoppage commits a Class A infraction. ...
The equal pay provisions of section 4 [IC 22-2-2-4] of this chapter shall not apply to employees covered by a bona fide collective bargaining agreement in effect on March 2, 1965, until the...
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(a) As used in this section, financial institution means a financial institution regulated by an agency of the United States or any state. (b) Every corporation, limited liability company,...
A person who publishes, issues, or circulates any check, card, or other paper, which is not commercial paper payable at a fixed time in any bank in this state, at its full face value, in lawful...
It is a Class C infraction for a person to knowingly sell to his employee any merchandise or supplies at a higher price than the merchandise or supplies are sold to others for cash. ...
Every corporation, limited liability company, company, association, firm, or person who shall fail for ten (10) days after demand of payment has been made to pay employees for their labor, in...
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This chapter shall not in any way affect the liens of laborers, as secured to them on April 21, 1911, by the laws of this state. ...
(a) Every person, firm, corporation, limited liability company, or association, their trustees, lessees, or receivers appointed by any court, doing business in Indiana, shall pay each employee at...
Salaried employees who are eligible for overtime compensation under the Fair Labor Standards Act
Farmers and those engaged in the business of agriculture and horticulture shall be specifically exempt from the provisions of this chapter. ...
(a) Any direction given by an employee to an employer to make a deduction from the wages to be earned by said employee, after said direction is given, shall constitute an assignment of the wages...
(a) Any assignment of the wages of an employee is valid only if all of the following conditions are satisfied: (1) The assignment is: (A) in writing; (B) signed by the employee...
All deductions made before July 1, 1988, by an employer from the wages of an employee, at the request of the employee, or without the objection of the employee, provided the amount so deducted was...
(a) If an employer has overpaid an employee, the employer may deduct from the wages of the employee the amount of the overpayment. A deduction by an employer for reimbursement of an overpayment of...
(a) Any person, company, corporation, limited liability company, or association loaning money directly or indirectly to any employee or wage earner, except the employer of the employee, upon the...
No assignment of his or her wages or salary by any employee or wage earner to any wage broker or any other person for his benefit shall be valid or enforceable, nor shall any employer or debtor...
No wage broker shall ask, demand or receive, either as compensation or interest, or in any other manner, directly or indirectly, any compensation or interest for the use of money advanced or...
(a) No assignment of wages by a married person who is living with the person's spouse residing in Indiana to any wage broker shall be valid or enforceable without the consent of the spouse,...
No assignment of wages shall be valid or enforceable unless notice in writing of the same, accompanied by a copy of the assignment, shall be given to the employer or debtor within ten (10) days...
Every purchase of a wage broker of an assignment of the wages of any employee or wage earner shall be held and considered to be a loan in the sum and of the amount actually paid to and received by...
A person who recklessly violates this chapter commits a Class B misdemeanor. ...
It is unlawful for any employer to assess a fine on any pretext against any employee and retain the same or any part thereof from his wages. An employer who violates this section commits a Class C...
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It is hereby made the duty of the commissioner of labor to enforce the provisions of this chapter by the processes of the courts, and in the name of the state; and, upon his failure so to do, any...
Whenever used in this chapter: (a) The term employer means and includes every person, firm, partnership, association, corporation, limited liability company, receiver, or other officer of any...
(a) Whenever any employer separates any employee from the pay-roll, the unpaid wages or compensation of such employee shall become due and payable at regular pay day for pay period in which...
In case of a dispute over wages, the employer shall give notice to the employee of the amount of wages which he concedes to be due, and shall pay such amount, without condition, within the time...
(a) It shall be the duty of the commissioner of labor to enforce and to insure compliance with the provisions of this chapter, to investigate any violations of any of the provisions of this...
The commissioner of labor is hereby authorized to take assignments of wage claims of less than eight hundred dollars ($ 800.00), rights of action for penalties, mechanics and other liens of...
Nothing in this chapter shall be construed to repeal IC 22-2-5. ...
Hereafter, when the property of any company, corporation, limited liability company, firm or person, engaged in any manufacturing, mechanical, agricultural or other business or employment, or in...
(a) Every corporation, limited liability company, association, company, firm, person, or persons engaged or about to engage in the business of mining coal, ore, or other minerals, or quarrying...
Any person having wages due and unpaid from any lessee as provided in section one [IC 22-2-11-1], shall have a right of action in the name of the state of Indiana on the relation of such person on...
A person who fails to file the bond as provided in section 1 [IC 22-2-11-1] of this chapter commits a Class C infraction; each day business is conducted without the filing of the bond constitutes...
This chapter shall not in any way affect the liens of laborers, as secured to them on April 21, 1911, by the laws of this state. ...
Whenever payment or refund is made to an employee, former employee, or his beneficiary or his heirs, legatees or the representative of his estate pursuant to a written retirement, death, or other...
Should said payment or refund made as provided in section 1 [IC 22-2-12-1] of this chapter be comprised in whole or in part of stock in any corporation, such corporation may accept said stock for...
(a) This section applies to an employer who has contracted in writing to make payments to an employee welfare plan, vacation plan, health plan, dental plan, insurance plan, supplemental...
(a) There is hereby created the worker's compensation board of Indiana, which shall consist of seven (7) members, not more than four (4) of whom shall belong to the same political party, appointed...
The worker's compensation board shall administer the worker's compensation law (IC 22-3-2 through IC 22-3-6). ...
(a) The worker's compensation board may adopt rules under IC 4-22-2 to carry into effect the worker's compensation law (IC 22-3-2 through IC 22-3-6) and the worker's occupational diseases law (IC...
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(a) As used in this section, rostered volunteer means a volunteer: (1) Whose name has been entered on a roster of volunteers for a volunteer program operated by a unit; and (2) Who has...
(a) As used in this section, volunteer worker means a person who: (1) performs services: (A) for a state institution (as defined in IC 12-7-2-184); and (B) for which the person...
(a) As used in this section, school to work student refers to a student participating in on-the-job training under the federal School to Work Opportunities Act
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(a) Every contract of service between any employer and employee covered by IC 22-3-2 through IC 22-3-6, written or implied, in operation on May 21, 1929, or made or implied prior to May 21, 1929,...
The rights and remedies granted to an employee subject to IC 22-3-2 through IC 22-3-6 on account of personal injury or death by accident shall exclude all other rights and remedies of such...
Nothing in IC 22-3-2 through IC 22-3-6 shall be construed to relieve any employer or employee from penalty for failure or neglect to perform any statutory duty. ...
No compensation is allowed for an injury or death due to the employee's knowingly self-inflicted injury, his intoxication, his commission of an offense, his knowing failure to use a safety...
(a) IC 22-3-2 through IC 22-3-6 shall not apply to casual laborers (as defined in IC 22-3-6-1) nor to farm or agricultural employees, nor to household employees, nor to the employers of such...
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(a) As used in this section, person does not include an owner who contracts for performance of work on the owner's owner occupied residential property. (b) The state, any political division...
(a) As used in this section, independent contractor refers to a person described in IC 22-3-6-1(b)(7). (b) As used in this section, person means an individual, a proprietorship, a partnership,...
(a) No contract, agreement (written or implied), rule, or other device shall, in any manner, operate to relieve any employer in whole or in part of any obligation created by IC 22-3-2 through IC...
All rights of compensation granted by IC 22-3-2 through IC 22-3-6 shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for any...
(a) Except as provided in subsection (b), no claims for compensation under IC 22-3-2 through IC 22-3-6 shall be assignable, and all compensation and claims therefor shall be exempt from all claims...
The provisions of IC 22-3-2 through IC 22-3-6 shall apply to the state, to all political divisions thereof, to all municipal corporations within the state, to persons, partnerships, limited...
Every employer and employee under IC 22-3-2 through IC 22-3-6 shall be bound by the provisions of IC 22-3-2 through IC 22-3-6 whether injury by accident or death resulting from such injury occurs...
The provisions of IC 22-3-2 through IC 22-3-6 shall not apply to injuries or death nor to accident which occurred prior to May 21, 1929. ...
(a) Each employer subject to IC 22-3-2 through IC 22-3-6 shall post a notice in the employer's place of business to inform the employees that their employment is covered by worker's compensation....
Unless the employer or his representative shall have actual knowledge of the occurrence of an injury or death at the time thereof or shall acquire such knowledge afterward, the injured employee or...
The notice provided for in the preceding section [IC 22-3-3-1] shall state the name and address of the employee, the time, place, nature and cause of the injury or death, and shall be signed by...
The right to compensation under IC 22-3-2 through IC 22-3-6 shall be forever barred unless within two (2) years after the occurrence of the accident, or if death results therefrom, within two (2)...
The pecuniary liability of the employer for medical, surgical, hospital and nurse service herein required shall be limited to such charges as prevail as provided under IC 22-3-6-1(j), in the same...
(a) A medical service provider or a medical service provider's agent, servant, employee, assignee, employer, or independent contractor on behalf of the medical service provider may not knowingly...
(a) A billing review service shall adhere to the following requirements to determine the pecuniary liability of an employer or an employer's insurance carrier for a specific service or product...
(a) After an injury and during the period of claimed resulting disability or impairment, the employee, if so requested by the employee's employer or ordered by the industrial board, shall submit...
(a) Compensation shall be allowed on account of injuries producing only temporary total disability to work or temporary partial disability to work beginning with the eighth (8th) day of such...
For purposes of this chapter, the average weekly wages of a public employee shall be determined without regard to any salary reduction agreement under Section 125 of the Internal Revenue Code. ...
With respect to injuries occurring prior to April 1, 1951, causing temporary total disability for work there shall be paid to the injured employee during such total disability for work a weekly...
With respect to injuries occurring prior to April 1, 1951 causing temporary partial disability for work, compensation shall be paid to the injured employee during such disability, as prescribed in...
(a) With respect to injuries in the following schedule occurring prior to April 1, 1951, the employee shall receive in addition to temporary total disability benefits not exceeding twenty-six (26)...
(a) If an injured employee, only partially disabled, refuses employment suitable to his capacity procured for him, he shall not be entitled to any compensation at any time during the continuance...
If an employee has sustained a permanent injury either in another employment, or from other cause or causes than the employment in which he received a subsequent permanent injury by accident, such...
(a) As used in this section, board refers to the worker's compensation board created under IC 22-3-1-1. (b) If an employee who from any cause, had lost, or lost the use of, one (1) hand, one (1)...
If an employee receives an injury for which compensation is payable while he is still receiving or entitled to compensation for a previous injury in the same employment, he shall not at the same...
If an employee receives a permanent injury such as specified in section 10 [IC 22-3-3-10] of this chapter after having sustained another permanent injury in the same employment, he shall be...
When an employee has been awarded or is entitled to an award of compensation for a definite period under IC 22-3-2 through IC 22-3-6 for an injury occurring prior to April 1, 1945, and dies from...
On and after April 1, 1965, and prior to April 1, 1969, when death results from an injury within four hundred fifty (450) weeks, there shall be paid to total dependent[s] of said deceased, as...
(a) Dependents under IC 22-3-2 through IC 22-3-6 shall consist of the following three (3) classes: (1) Presumptive dependents. (2) Total dependents in fact. (3) Partial dependents in...
(a) The following persons are conclusively presumed to be wholly dependent for support upon a deceased employee and shall constitute the class known as presumptive dependents in section 18 [IC...
Total or partial dependents in fact shall include only those persons related to the deceased employee by blood or by marriage, except an unmarried child under the age of eighteen (18) years. Any...
In all cases of the death of an employee from an injury by an accident arising out of and in the course of the employee's employment under such circumstances that the employee would have been...
(a) In computing the compensation under this law with respect to injuries occurring on and after April 1, 1963, and prior to April 1, 1965, the average weekly wages shall be considered to be not...
(a) Any payments made by the employer to the injured employee during the period of his disability, or to his dependents, which by the terms of IC 22-3-2 through IC 22-3-6 were not due and payable...
When so provided in the compensation agreement or in the award of the worker's compensation board, compensation may be paid semimonthly, or monthly, instead of weekly. ...
(a) In unusual cases, upon the agreement of the employer and the employee or his dependents, and the insurance carrier, and the approval of the worker's compensation board, compensation may be...
Whenever the worker's compensation board deems it expedient, any lump sum under section 25 [IC 22-3-3-25] of this chapter shall be paid by the employer to some suitable person or corporation...
(a) The power and jurisdiction of the worker's compensation board over each case shall be continuing and from time to time it may, upon its own motion or upon the application of either party, on...
(a) When the aggregate payments of compensation, awarded by agreement or upon hearing to an employee or dependent under eighteen (18) years of age, do not exceed one hundred dollars ($ 100), the...
If any injured employee or a dependent is under guardianship at the time when any right or privilege accrues to the employee or dependent under IC 22-3-2, IC 22-3-3, IC 22-3-4, IC 22-3-5, or IC...
No limitation of time provided in IC 22-3-2 through IC 22-3-6 shall run against any person who is mentally incompetent or a minor so long as he has no guardian or trustee. ...
Whenever any employee for whose injury or death compensation is payable under IC 22-3-2 through IC 22-3-6 shall at the time of the injury be in the joint service of two (2) or more employers...
The board shall be provided with adequate offices in the capitol or some other suitable building in the city of Indianapolis in which the records shall be kept and its official business be...
(a) The worker's compensation board may make rules not inconsistent with IC 22-3-2 through IC 22-3-6 for carrying out the provisions of IC 22-3-2 through IC 22-3-6. Processes and procedures under...
(a) The board shall prepare and cause to be printed, and upon request furnish free of charge to any employer or employee, such blank forms and literature as it shall deem requisite to facilitate...
If after seven (7) days from the date of the injury or at any time in case of death, the employer and the injured employee or his dependents reach an agreement in regard to compensation under IC...
(a) If the employer and the injured employee or the injured employee's dependents disagree in regard to the compensation payable under IC 22-3-2 through IC 22-3-6 or, if they have reached such an...
The board by any or all of its members shall hear the parties at issue, their representatives and witnesses, and shall determine the dispute in a summary manner. The award shall be filed with the...
(a) An award of the board by less than all of the members as provided in section 6 [IC 22-3-4-6] of this chapter, if not reviewed as provided in section 7 [IC 22-3-4-7] of this chapter, shall be...
(a) Upon order of the worker's compensation board made after five (5) days notice is given to the opposite party, any party in interest may file in the circuit or superior court of the county in...
In all proceedings before the worker's compensation board or in a court under IC 22-3-2 through IC 22-3-6, the costs shall be awarded and taxed as provided by law in ordinary civil actions in the...
The board or any member thereof may, upon the application of either party or upon its own motion, appoint a disinterested and duly qualified physician or surgeon to make any necessary medical...
Except as provided in section 12.1 [IC 22-3-4-12.1] of this chapter, the fees of attorneys and physicians and charges of nurses and hospitals for services under IC 22-3-2 through IC 22-3-6 shall...
(a) The worker's compensation board, upon hearing a claim for benefits, has the exclusive jurisdiction to determine whether the employer, the employer's worker's compensation administrator, or the...
(a) Every employer under IC 22-3-2 through IC 22-3-6, except those exempted by IC 22-3-2-5, shall: (1) Insure and keep insured the employer's liability under IC 22-3-2 through IC 22-3-6 in some...
An employer required to carry insurance under IC 22-3-2-5 and section 1 [IC 22-3-5-1] of this chapter shall file with the worker's compensation board, in the form prescribed by it, within ten (10)...
(a) Subject to the approval of the worker's compensation board, any employer may enter into or continue any agreement with the employer's employees to provide a system of compensation, benefit, or...
(a) Each insurer entering into or issuing an insurance policy under IC 22-3-2 through IC 22-3-7 may, as a part of the policy or as an optional endorsement to the policy, offer deductibles or...
(a) The worker's compensation supplemental administrative fund is established for the purpose of carrying out the administrative purposes and functions of the worker's compensation board. The fund...
In IC 22-3-2 through IC 22-3-6, unless the context otherwise requires: (a) Employer includes the state and any political subdivision, any municipal corporation within the state, any...
(a) For the purpose of complying with IC 22-3-5-1, groups of employers are hereby authorized to form mutual insurance associations or reciprocal or interinsurance exchanges subject to such...
Every employer who has complied with the requirements of the provisions of Acts 1915, c.106, or the industrial board under that act, which compliance is effective as of May 21, 1929, shall to the...
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(a) Every employer and every employee, except as stated in this chapter, shall comply with this chapter, requiring the employer and employee to pay and accept compensation for disablement or death...
(a) As used in this section, school to work student refers to a student participating in on-the-job training under the federal School to Work Opportunities Act
(a) An employer who is exempt under this section from the operation of the compensation provisions of this chapter may at any time waive such exemption and thereby accept the provisions of this...
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On and after April 1, 1963, the provisions of this chapter shall apply to the state, to all political divisions thereof, to all municipal corporations within the state, to persons, partnerships,...
The rights and remedies granted under this chapter to an employee subject to this chapter on account of disablement or death by occupational disease arising out of and in the course of the...
Every employer and employee under this chapter shall be bound by the provisions of this chapter whether exposure and disablement therefrom or death resulting from an occupational disease occurs...
(a) As used in this chapter, employer includes the state and any political subdivision, any municipal corporation within the state, any individual or the legal representative of a deceased...
As used in section 9(c) [IC 22-3-7-9(c)] of this chapter, the term violation of the child labor laws of this state means a violation of IC 20-8.1-4-25. The term does not include a violation of...
(a) As used in this chapter, occupational disease means a disease arising out of and in the course of the employment. Ordinary diseases of life to which the general public is exposed outside of...
For purposes of this chapter, the average weekly wages of a public employee shall be determined without regard to any salary reduction agreement under Section 125 of the Internal Revenue Code. ...
On and after April 1, 1957, and prior to April 1, 1967, when death results from an occupational disease within four hundred (400) weeks, there shall be paid to total dependents of said deceased,...
(a) Dependents under this chapter shall consist of the following three (3) classes: (1) Presumptive dependents. (2) Total dependents in fact. (3) Partial dependents in fact. (b)...
(a) The following persons are conclusively presumed to be wholly dependent for support upon a deceased employee and shall constitute the class known as presumptive dependents in section 12 [IC...
Total or partial dependents in fact shall include only those persons related to the deceased employee by blood or by marriage, except an unmarried child under eighteen (18) years of age. Any such...
In all cases of the death of an employee from an occupational disease arising out of and in the course of the employee's employment under such circumstances that the employee would have been...
(a) Compensation shall be allowed on account of disablement from occupational disease resulting in only temporary total disability to work or temporary partial disability to work beginning with...
(a) During the period of disablement, the employer shall furnish or cause to be furnished, free of charge to the employee, an attending physician for the treatment of his occupational disease, and...
(a) A medical service provider or a medical service provider's agent, servant, employee, assignee, employer, or independent contractor on behalf of the medical service provider may not knowingly...
(a) A billing review service shall adhere to the following requirements to determine the pecuniary liability of an employer or an employer's insurance carrier for a specific service or product...
(a) Any employer or employee or beneficiary who shall desire to have such compensation, or any unpaid part thereof, paid in a lump sum, may petition the worker's compensation board, asking that...
(a) In computing compensation for temporary total disability, temporary partial disability, and total permanent disability under this law with respect to occupational diseases occurring: (1) on...
(a) After disablement and during the period of claimed resulting disability or impairment, the employee, if so requested by the employee's employer or ordered by the worker's compensation board,...
(a) No compensation is allowed for any condition of physical or mental ill-being, disability, disablement, or death for which compensation is recoverable on account of accidental injury under...
(a) The members of the board and its assistants shall be entitled to receive from the state their actual and necessary expenses while traveling on the business of the board, but such expenses...
The worker's compensation board shall have jurisdiction over the operation and administration of the compensation provisions of this chapter, the board shall perform all of the duties imposed upon...
The board shall prepare and cause to be printed, and upon request furnish free of charge to any employer or employee, such blank forms and literature as it shall deem requisite to facilitate or...
All disputes arising under this chapter, except section 3 [IC 22-3-7-3] of this chapter, if not settled by the agreement of the parties interested therein, with the approval of the board, shall be...
(a) If the employer and the employee or the employee's dependents disagree in regard to the compensation payable under this chapter, or, if they have reached such an agreement, which has been...
In order to prevent the accumulation of unnecessary and useless files of papers, the board, in its discretion, may destroy all papers which have been on file for more than two (2) years when there...
(a) All rights of compensation granted by this chapter shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for any unpaid wages...
(a) If, after seven (7) days from the date of disablement or any time, in case of death, the employer and the employee or his dependents reach an agreement in regard to compensation under this...
(a) No employee, personal representative, or beneficiary shall have power to waive any of the provisions of this chapter in regard to the amount of compensation which may be payable to such...
(a) An employee shall be conclusively deemed to have been exposed to the hazards of an occupational disease when for any length of time, however short, he is employed in an occupation or process...
(a) As used in this section, person does not include an owner who contracts for performance of work on the owner's owner occupied residential property. (b) Every employer bound by the...
(a) As used in this section, independent contractor refers to a person described in section 9(b)(5) [IC 22-3-7-9(b)(5)] of this chapter. (b) As used in this section, person means an...
No contract or agreement, written or implied, rule, regulation, or other device shall in any manner operate to relieve any employer, in whole or in part, of any obligation created by this chapter,...
(a) Whenever disablement or death from an occupational disease arising out of and in the course of the employment for which compensation is payable under this chapter, shall have been sustained...
(a) Every employer operating under the compensation provisions of this chapter shall keep a record of all disablements by occupational disease, fatal or otherwise, received by his employees in the...
Any person representing any plaintiff or defendant in the prosecution or defense of any claim or claims before the worker's compensation board must be admitted to practice law in the circuit or...
(a) All persons so representing plaintiffs or defendants as provided by section 1 [IC 22-3-8-1] of this chapter shall first register their names with the worker's compensation board in a manner...
Any person, firm, limited liability company, or corporation while engaged in business, trade or commerce within this state, and employing in such business, trade or commerce five (5) or more...
In any action prosecuted under the provisions of this chapter the burden of proving that such injured or killed employee did not use due care and diligence at the time of such injury or death...
In any action brought against any employer under or by virtue of this chapter to recover damages for injuries or the death of any of his, its, or their employees, such employee shall not be held...
The damages recoverable under this chapter shall be commensurate with the injuries sustained, and in case death results from such injury the action shall survive; provided, that where any such...
Any contract, rule, regulation, bylaw, or device whatsoever, the purpose, intent, or effect of which would be to enable any employer to exempt himself or itself from any liability created by this...
Where any action is brought on account of the death of any person under this chapter, the liability of any such employer shall not exceed ten thousand dollars ($ 10,000), and the provisions of the...
All questions of assumption of risk, negligence or contributory negligence shall be questions of fact for the jury to decide, unless the cause is being tried without a jury, in which case, such...
No action shall be maintained under this chapter unless the same is commenced within two (2) years from the date the cause of action accrued. ...
The term employer, persons, firm, limited liability company, and corporation shall include receivers or other persons charged with the duty of managing, conducting or operating business,...
This chapter shall not apply to injuries received by any employee before March 2, 1911, nor affect any suit or legal proceedings pending in any court on March 2, 1911. ...
This chapter shall be construed as supplemental to all statutes in force on March 2, 1911, concerning employers and employees and shall repeal only such statutes as are in direct conflict with the...
All contracts between employer and employee releasing the employer from liability for damages arising out of the negligence of the employer by which the employee is injured, or, in case of the...
All contracts between employer and employee releasing third persons, copartnerships or corporations from liability for damages arising out of the negligence of such third persons, copartnerships...
All contracts between an employee and a third person, copartnership, or corporation in which it is agreed that the employer of such employee shall be released from liability for damages of such...
(a) There is created a special fund known as the residual asbestos injury fund (referred to as the fund in this chapter) for the purpose of providing compensation to employees who become totally...
(a) An employee who: (1) Becomes totally and permanently disabled: (A) On or after July 1, 1985, from an exposure to asbestos in employment before July 1, 1988; or (B) Before July...
(a) An employee who has exhausted the fifty-two (52) week maximum may be awarded additional compensation by the board in periods of no more than fifty-two (52) weeks upon determination that the...
The board may secure expert medical testimony as it considers necessary at the expense of the fund to protect the fund against questionable claims for benefits. ...
The board shall adopt rules under IC 4-22-2 for the following: (1) The initial determination of an employee's eligibility for benefits under section 3 [IC 22-3-11-3] of this chapter. (2) The...
An injured employee, who as a result of an injury or occupational disease is unable to perform work for which the employee has previous training or experience, is entitled to vocational...
When any compensable injury requires the filing of a first report of injury by an employer, the employer's worker's compensation insurance carrier or the self-insured employer shall forward a copy...
(a) The local office of vocational rehabilitation shall, upon receipt of the report of injury, immediately provide the injured employee with a written explanation of: (1) The rehabilitation...
Nothing contained in this chapter shall be construed to affect an injured employee's status regarding any benefit provided under IC 22-3-2 through IC 22-3-7. ...
As a guide to the interpretation and application of this article, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is declared hereby to be a...
As used in this article, unless the context clearly requires otherwise, benefits means the money payments payable to an eligible individual as provided in this article with respect to his...
Partial benefits means the weekly benefit amounts of any eligible individual who is partially and or part-totally unemployed, less the deductible income as hereinafter defined. ...
Commissioner refers to the commissioner of workforce development. ...
Contributions means the money payments to the unemployment insurance benefit fund required and provided by the terms of this article. ...
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State means and includes the several states of the United States of America, the District of Columbia of the United States of America, the Commonwealth of Puerto Rico, the Virgin Islands and the...
Employment office means a free public employment office or branch thereof, maintained and operated by this state, any other state or jurisdiction, or by any agency or instrumentality of the...
Employment and training services administration fund means the fund established by IC 22-4-24 from which administrative expenses under this article shall be paid, other than those to be paid...
Special employment and training services fund means the special administrative fund created under IC 22-4-25. ...
Department means the department of workforce development. ...
Base period means the first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of an individual's benefit period: Provided, however, That for a claim...
Notwithstanding section 12 [IC 22-4-2-12] of this chapter, for an individual who during the base period as defined in that section has received worker's compensation benefits under IC 22-3-3 for...
Calendar quarter means the period of three (3) consecutive calendar months ending on March 31, June 30, [S]eptember 30, or December 31: Provided, That for due dates of state unemployment returns...
Except as provided in IC 22-4-5-3, week means a calendar week. ...
Annual payroll means the total amount of wages for employment paid by an employer during the twelve (12) consecutive calendar month period ending on the computation date of any calendar year,...
Computation date means June 30 of the year preceding the effective date of new rates of contribution, except that in the event, after having been legally terminated, an employer again becomes...
Determination date means September 30 of each year. ...
Balance means the amount standing to the credit or debit of the experience account as of the computation date. ...
Agency means any officer, board, commission, or other authority designated by an unemployment insurance law in force in any state or in Canada to administer the unemployment insurance fund for...
Jurisdiction means any state or Canada. ...
Benefit period with respect to any individual means the fifty-two-consecutive-week period beginning with the first week as of which an insured worker first files an initial claim for...
Valid claim means a claim filed by an individual who has established qualifying wage credits and who is totally, partially, or part-totally unemployed; Provided, no individual in a benefit...
Initial claim means a written application, in a form prescribed by the board, made by an individual for the determination of his status as an insured worker. ...
Additional claim means a written application for a determination of benefit eligibility, made by an individual in a form prescribed by the board, to begin a second or subsequent series of claims...
Insured worker means an individual who, with respect to a base period, meets the qualifying wage requirements of IC 22-4-14-5. ...
Insured work means employment in the service of an employer. ...
Insured unemployment means unemployment during a given week for which waiting period credit or benefits are claimed under the state employment security program, the unemployment compensation for...
For all purposes of this article, the term hospital means: (1) An institution defined in IC 16-18-2-179(b) and licensed by the state department of health; or (2) A state institution (as...
Institution of higher education, for the purposes of this article, means an educational institution which: (a) Admits as regular students only individuals having a certificate of graduation...
Payment in lieu of contributions means the required reimbursements by employers of benefits paid attributable to services performed for such employers which are liable to make these payments as...
The term new work wherever used in this article including IC 1971, 22-4-15-2 means (a) work offered to an individual by an employer with whom he has never had a contract of employment; (b) work...
An employer's credit reserve ratio is determined on the basis of the relationship that the credit balance shown by his experience account as of the computation date bears to the wages paid by the...
An employer's debit reserve ratio is determined on the basis of the relationship that the debit balance shown by his experience account as of the computation date bears to the wages paid by the...
For the purposes of IC 22-4-8-2(j)(3)(C), school means an educational institution that is accredited and approved by the Indiana state board of education and is an academic school system,...
As used in this article, review board means the unemployment insurance review board. ...
An individual shall be deemed totally unemployed in any week with respect to which no remuneration was payable to him for personal services. ...
An individual is partially unemployed when, because of lack of available work, he is working less than his normal customary full-time hours for his regular employer and his remuneration is less...
Remuneration whenever used in this article, unless the context clearly denotes otherwise, means all compensation for personal services, including but not limited to commissions, bonuses,...
(a) Except as otherwise provided in this section, wages means all remuneration as defined in section 1 [IC 22-4-4-1] of this chapter paid to an individual by an employer, remuneration received...
(a) For calendar quarters beginning on and after April 1, 1979, and before April 1, 1984, wage credits means remuneration paid for employment by an employer to an individual. Wage credits may...
With respect to weeks of unemployment beginning on or after January 1, 1978, wages for insured work includes wages paid for previously uncovered services. For the purposes of this section, the...
(a) Deductible income wherever used in this article, means income deductible from the weekly benefit amount of an individual in any week, and shall include, but shall not be limited to: (1)...
(a) Payments in lieu of a vacation awarded to an employee by an employing unit shall be considered as deductible income in and with respect to the week in which the same is actually paid. The...
(a) Employing unit means any individual or type of organization, including any partnership, association, trust, joint venture, estate, joint stock company, insurance company, corporation,...
For the purpose of determining the liability of an employing unit for the payment of contributions and the number of individuals performing services for remuneration, or under any contract of...
Prior to January 1, 1978, employer means any employing unit which for some portion of a day, but not necessarily simultaneously, in each of twenty (20) different weeks, whether or not such weeks...
Employer also means: (a) Any employing unit whether or not an employing unit at the time of the acquisition which acquires the organization, trade, or business within this state of another...
(a) As used in this article, seasonal employer means an employer that, because of climatic conditions or the seasonal nature of a product or service, customarily operates all or a portion of its...
The term employment shall include: (a) An individual's entire service performed within or both within and without this state if the service is localized in this state. (b) An individual's...
Employment shall not include the following: (a) Except as provided in section 2(i) of this chapter, service performed prior to January 1, 1978, in the employ of this state, any other state,...
(a) As used in this article, seasonal employment means services performed for a seasonal employer during the seasonal period in the employer's seasonal operations, after the effective date of a...
Any employing unit which is or becomes an employer subject to this article within any calendar year shall be subject to this article during the whole of such calendar year, except as is otherwise...
Any employer subject to the article as successor to an employer pursuant to the provisions of Subsections (a) or (b) of IC 1971, 22-4-7-2 hereof shall cease to be an employer at the end of the...
An employing unit for which services, as specifically excluded by IC 22-4-8-3, are performed, may file with the commissioner its written election to consider all such services for such employing...
Every employer subject to this article or who has ceased to be subject to this article pursuant to section 2 [IC 22-4-9-2] of this chapter shall post and maintain printed notices thereof on its...
Contributions shall accrue and become payable from each employer for each calendar year in which it is subject to this article with respect to wages paid during such calendar year except where the...
In the payment of any contribution, a fractional part of a cent shall be disregarded unless it amounts to one-half cent ( 1/2 cent) or more, in which case it shall be increased to one cent (1...
Except as provided in section 1(a) [IC 22-4-10-1(a)] of this chapter, the commissioner shall maintain within the fund a separate experience account for each employer and shall credit to such...
Any employer may make voluntary payments in addition to the contributions required under this article, and the same shall be credited to its experience account. Such voluntary contributions shall...
(a) When an employing unit (whether or not an employing unit at the time of the acquisition) becomes an employer under IC 22-4-7-2(a), or when an employer acquires the organization, trade, or...
When an employing unit (whether or not an employing unit prior thereto) assumes all of the resources and liabilities of the experience account of a predecessor employer, as provided in IC 1971,...
This chapter applies to years beginning after December 31, 2001, and ending before January 1, 2005. ...
The skills 2016 training program is established for the following purposes: (1) To improve manufacturing productivity levels in Indiana. (2) To enable firms to become competitive by making...
The skills 2016 training assessment is nine hundredths percent (0.09%) to be assessed upon the previous year's taxable wages (as defined in IC 22-4-4-2) paid by all employers except those who have...
(a) Skills 2016 training assessments accrue and are payable by each employer under section 3 [IC 22-4-10.5-3] of this chapter for each calendar year in which the employer is subject to IC...
Delinquent or unpaid skills 2016 training assessments shall be collected in a manner provided for the collection of unemployment insurance taxes. ...
The skills 2016 training program is to be administered by the department of workforce development in the manner prescribed by IC 22-4-18.3. ...
The department shall deposit skills 2016 training assessments paid to the department under this chapter in the skills 2016 training fund established by IC 22-4-24.5-1. ...
(a) Skills 2016 assessments unpaid on the date on which they are due and payable bear interest at the rate of one percent (1%) per month or fraction of a month from and after that date until...
For each state fiscal year, the department shall prepare an annual report on the use of the skills 2016 training funds as a part of the report required by IC 22-4-18-7. ...
(a) For the purpose of charging employers' experience or reimbursable accounts with regular benefits paid subsequent to July 3, 1971, to any eligible individual but except as provided in IC...
(a) The commissioner shall for each year determine the contribution rate applicable to each employer. (b) The balance shall include contributions with respect to the period ending on the...
(a) Except as provided in section 3.2 [IC 22-4-11-3.2] of this chapter, the applicable schedule of rates for the calendar year 1983 and thereafter shall be determined by the ratio resulting when...
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(a) For calendar years 2002 through 2004, if the conditions of section 2 of this chapter are met, the rate of contributions shall be determined and assigned, with respect to each calendar year, to...
(a) If the commissioner finds that any employer has failed to file any payroll report or has filed a report which the commissioner finds incorrect or insufficient, the commissioner shall make an...
Benefits designated as unemployment compensation benefits shall become payable from the fund to any individual who is or becomes unemployed and eligible for benefits under the terms of this...
(a) With respect to initial claims filed for any week beginning on and after July 6, 1980, and before July 7, 1985, each eligible individual who is totally unemployed (as defined in IC 22-4-3-1)...
For the purposes of section 2(a) [IC 22-4-12-2(a)] of this chapter and with respect to initial claims filed for any week beginning on and after July 5, 1987, dependent includes a person who:...
(a) Benefits shall be computed upon the basis of wage credits of an individual in his base period. Wage credits shall be reported by the employer and credited to the individual in the manner...
(a) Any individual who makes, or causes to be made by another, a false statement or representation of a material fact knowing it to be false or knowingly fails, or causes another to fail, to...
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If an overpayment of benefits is created by a retroactive payment by the employer for: (1) Awards by the National Labor Relations Board of additional pay, backpay, or for loss of employment;...
(a) An unemployed individual is eligible to receive benefits with respect to any week only if the individual has: (1) Registered for work at an employment office or branch thereof or other...
(a) An unemployed individual shall be eligible to receive benefits with respect to any week only if the individual: (1) Is physically and mentally able to work; (2) Is available for work;...
As a condition precedent to the payment of benefits to an individual with respect to any week such individual shall be required to serve a waiting period of one (1) week in which he has been...
(a) As further conditions precedent to the payment of benefits to an individual with respect to benefit periods established on and after July 6, 1980, and before July 7, 1985: (1) The...
(a) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the individual's eligibility period only if the commissioner finds that with respect to...
For weeks of unemployment occurring subsequent to December 31, 1977, benefits may not be paid to any individual on the basis of any service substantially all of which consists of participating in...
For weeks of unemployment occurring subsequent to December 31, 1977, benefits may not be paid on the basis of services performed by an alien unless the alien is an individual who has been lawfully...
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(a) For weeks of unemployment occurring after October 1, 1983, benefits may be paid to an individual on the basis of service performed in seasonal employment (as defined in IC 22-4-8-4) only if...
(a) With respect to benefit periods established on and after July 6, 1980, an individual who has voluntarily left the individual's most recent employment without good cause in connection with the...
(a) An individual shall be ineligible for waiting period or benefit rights for any week with respect to which his total or partial or part-total unemployment is due to a labor dispute at the...
(a) An individual shall be ineligible for waiting period or benefit rights: For any week with respect to which the individual receives, is receiving, or has received payments equal to or exceeding...
Except as provided in IC 1971, 22-4-22, an individual shall be ineligible for waiting period or benefit rights: For any week with respect to which or a part of which he receives, is receiving, has...
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Notwithstanding any other provisions of this article, all of the individual's wage credits established prior to the day upon which the individual was discharged for gross misconduct in connection...
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Notwithstanding any other provisions of this article, if an individual knowingly fails to disclose amounts earned during any week in his waiting period, benefit period, or extended benefit period...
(a) Claims for benefits shall be made in accordance with such regulations as the board may prescribe; however, the board shall prescribe reasonable procedures consistent with the provisions of...
(a) When an individual files an initial claim, the department shall promptly make a determination of his status as an insured worker in a form prescribed by the board. A written notice of the...
(a) When an individual files an initial claim, the individual shall be advised of the following: (1) Unemployment compensation is subject to federal, state, and local income taxes. (2)...
Unless such request for hearing is withdrawn, an administrative law judge, after affording the parties a reasonable opportunity for fair hearing, shall affirm, modify, or reverse the findings of...
(a) The commissioner shall appoint one (1) or more administrative law judges to hear and decide disputed claims. Such administrative law judges shall be full-time salaried employees of the...
(a) The governor shall appoint a review board composed of three (3) members, not more than two (2) of whom shall be members of the same political party, with salaries to be fixed by the governor....
The manner in which disputed claims shall be presented and the conduct of hearings and appeals shall be in accordance with rules adopted by the board for determining the rights of the parties,...
In the discharge of the duties imposed by this article, any member of the board, the review board, or an administrative law judge, or any duly authorized representative of any of them, shall have...
In case of contumacy by, or refusal to obey a subpoena issued to, any person, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which...
An administrative law judge and the review board may hold a hearing under this chapter by telephone if any of the following conditions exist: (1) The claimant or the employer is not located in...
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the board, the review board, an administrative law...
Witnesses subpoenaed pursuant to the provisions of this article shall be allowed fees at a rate fixed by the board, and such fees shall be deemed a part of the expense of administering this...
(a) Any decision of the review board, in the absence of appeal as provided in this section, shall become final fifteen (15) days after the date the decision is mailed to the interested parties....
(a) Any decision of the review board shall be conclusive and binding as to all questions of fact. Either party to the dispute or the commissioner may, within thirty (30) days after notice of...
The review board, on its own motion, may certify questions of law to the supreme court or the court of appeals for a decision and determination. All such certified questions of law shall be...
(a) This section applies to notices given under sections 2, 3, 11, and 12 [IC 22-4-17-2, IC 22-4-17-3, IC 22-4-17-11, and IC 22-4-17-12] of this chapter. This section does not apply to rules...
(a) An administrative law judge may not preside over or otherwise participate in the hearing or disposition of an appeal in which the judge's impartiality might reasonably be questioned, including...
(a) There is created a department under IC 22-4.1-2-1 which shall be known as the department of workforce development. (b) The department of workforce development may: (1) Administer the...
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(a) The Indiana unemployment insurance board is created. The board is responsible for the unemployment insurance program. The board shall report annually to the governor on the status of...
The department of workforce development established under IC 22-4.1-2-1 shall administer job training and placement services, the skills 2016 training program established by IC 22-4-10.5-2, and...
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(a) The department shall develop a uniform system for assessing work force skills strengths and weaknesses in individuals. (b) The uniform assessment system shall be used at the following: (1)...
(a) The department annually shall prepare a written report of its training activities and the training activities of the various workforce investment boards during the immediately preceding state...
As used in this chapter, applicable federal program refers to the federal human resource programs for which the council has authority to make recommendations as listed in section 4 [IC...
(a) The council shall serve as the state advisory body required under the following federal laws: (1) The Job Training Partnership Act under
(a) Not later than June 30, 2000, the membership of the state human resource investment council established under IC 22-4-18.1 must consist of the following: (1) The governor. (2) Two (2)...
Appointments to the council are for two (2) year terms. The governor shall promptly make an appointment to fill any vacancy but only for the duration of the unexpired term. ...
(a) Except as provided in subsections (b) and (c) and subject to the approval of the commissioner of workforce development, the state personnel department, and the budget agency, the council may...
(a) Any member of the council who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement for traveling...
The state shall certify to: (1) The United States Secretary of Labor the establishment and membership of the council at least ninety (90) days before the beginning of each period of two (2)...
As used in this chapter, board refers to the incumbent workers training board established by this chapter. ...
The incumbent workers training board is established. The board consists of the following members: (1) One member to represent labor appointed by the governor from a list of nominees provided by...
Each member of the board serves at the pleasure of the governor. If a vacancy exists on the board for any reason, including death, resignation, or removal by the governor, the governor shall fill...
The board shall meet at least once each month at the office of the department of workforce development. The department shall provide staff support for the board. ...
The affirmative votes of three (3) members of the board are required to take action on any matter. ...
(a) The board shall make recommendations to the unemployment insurance board for disbursements of funds from the skills 2016 training fund established by IC 22-4-24.5-1. The unemployment insurance...
The board shall communicate its recommendations to the unemployment insurance board in writing. The unemployment insurance board shall place the board's recommendations on the unemployment...
It shall be the duty of the board to administer the provisions of this article and, in addition to all other powers conferred on the board, it shall have the power and authority to adopt, amend,...
Board rules not inconsistent with the general purposes and intents of the article issued under this article which apply to all or classes of employment, employing units, employees, or other...
The board shall cause to be printed for distribution to the public the text of this law, the board's rules, regulations and other material the board deems relevant and suitable and shall furnish...
Subject to the further provisions of this article, the board is authorized to appoint, fix the compensation, and prescribe the duties and powers of such officers, accountants, attorneys, experts,...
(a) Each employing unit shall keep true and accurate records containing information the department considers necessary. These records are: (1) open to inspection; and (2) subject to being...
(a) The department may make available through the enhanced electronic access system established by the intelenet commission under IC 5-21 secure electronic access for creditors to employer...
In any case where an employing unit, or any officer, member, or agent thereof or any other person having possession of the records thereof, shall fail or refuse upon demand by the board, the...
(a) The board, the review board, or the administrative law judge, or the duly authorized representative of any of them, at any such hearing shall have power to administer oaths to any such person...
If any employing unit fails to make any payroll report required by this article, the commissioner shall give written notice by mail to the employing unit to make and file the report within ten...
Any employing unit which negligently or wilfully fails to submit any report of information required for the proper administration of this article demanded by the commissioner within ten (10) days...
The commissioner may destroy or otherwise dispose of under IC 5-15-5.1-14 such reports or records as have been properly recorded or summarized in the records of the department. ...
Records, with any necessary authentication thereof, required in the prosecution of any criminal action brought by another state or foreign government for misrepresentation or failure to disclose a...
(a) Where an employer makes an offer of employment directly to a claimant, promptly giving written notice to the department of such offer, or when any such employer makes such offer of employment...
If the board determines that Public Law 94-566 or the federal laws it amends have been adjudged unconstitutional or invalid in its application to, or have been stayed pendente lite as to, a state...
(a) Whenever the commissioner shall consider any account or claim for contributions or skills 2016 training assessments under IC 22-4-10.5-3, or both, against an employer, and any penalty or...
In the administration of this article the board shall cooperate to the fullest extent consistent with the provisions of this article with the federal Department of Labor, shall make such reports...
Upon request therefor the board shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment the name, address, ordinary...
The commissioner may make the records of the department relating to the administration of this article available to the railroad retirement board created by
The board may afford reasonable cooperation with every agency of the United States of America, or with any state charged with the administration of any unemployment compensation law. ...
The board shall enter into arrangements with the appropriate agencies of other states or jurisdictions or the United States of America whereby individuals performing services in this and other...
The board is authorized to enter into reciprocal arrangements with the appropriate agencies of other states or jurisdictions or the United States of America, adjusting the collection and payment...
The commissioner is authorized to enter into reciprocal agreements with the proper agencies under the laws of other states or jurisdictions or of the United States, which agreements shall become...
The board is authorized to enter into reciprocal agreements with the agencies of other states or jurisdictions administering unemployment compensation laws whereby the board and such other...
In order that the administration of this article and the unemployment compensation laws of other states or jurisdictions or of the United States of America will be promoted by cooperation between...
(a) On request of an agency which administers an employment security law of another state or of a foreign government, and which has found in accordance with the provisions of such law that a...
(a) The department shall establish and maintain free public employment and training offices in such number and in such places as may be necessary for the proper administration of this article and...
(a) All money received by this state under the said acts of Congress shall be paid into the employment and training services administration fund, and said money is hereby made available to the...
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(a) There is created in the state treasury a special fund to be known as the employment and training services administration fund. All money which is deposited or paid into this fund is hereby...
(a) The skills 2016 training fund is established to do the following: (1) Administer the costs of the skills 2016 training program established by IC 22-4-10.5. (2) Undertake any program or...
(a) There is created in the state treasury a special fund to be known as the special employment and training services fund. All interest on delinquent contributions and penalties collected under...
There is established a special fund to be known as the unemployment insurance benefit fund which shall be administered separate and apart from all public money or funds of the state. This fund...
The fund shall be administered exclusively for the purpose of this article, and money withdrawn therefrom, except for deposit in the unemployment insurance benefit fund and for refund, as provided...
The treasurer of state shall be ex officio treasurer and custodian of the fund and shall administer the fund in accordance with the provisions of this article and the directions of the...
The commissioner, through the treasurer of state acting as its fiscal agent, shall requisition from time to time from the unemployment trust fund such amounts not exceeding the amount standing to...
(a) Money credited to the account of this state in the unemployment trust fund by the Secretary of the Treasury of the United States pursuant to
The provisions of IC 22-4-26-1, IC 22-4-26-2, IC 22-4-26-3, and IC 22-4-26-4, to the extent that they relate to the unemployment trust fund, shall be operative only so long as such unemployment...
If any money received after June 30, 1941, from the Social Security Administration under
(a) Contributions unpaid on the date on which they are due and payable, as prescribed by the commissioner, shall bear interest at the rate of one percent (1%) per month or fraction thereof from...
The commissioner, or the commissioner's duly authorized representative, shall immediately notify the employing unit of the assessment in writing by mail, and such assessment shall be final unless...
If the employing unit protests such assessment, upon written request it shall have an opportunity to be heard, and such hearing shall be conducted by a liability administrative law judge pursuant...
The finality of such decision of the liability administrative law judge may be stayed for a period of thirty (30) days from the date of service of notice on the board of intention to seek a...
(a) Unless an assessment is paid in full within seven (7) days after it becomes final, the commissioner or the commissioner's representative may file with the clerk of the circuit court of any...
The clerk shall return the original, certified copy of the warrant to the department together with all recording information concerning the warrant. Upon receipt of the warrant from the clerk, the...
(a) If the clerk fails to record the warrant and issue the same to the department within five (5) days after it has been received by the clerk as herein provided, the clerk shall forfeit to the...
(a) The fees and charges provided in section 8 [IC 22-4-29-8] of this chapter for the clerk and sheriff shall be the property of the clerk and sheriff, and, excepting additional payments to the...
(a) The return by the sheriff to the department of the warrants shall be made monthly on or before the fifth day of the month. All money so returned to the department shall be receipted for by the...
In the event the sheriff is unable to locate the employing unit after diligent search, the sheriff shall file with the department a statement sworn to by the sheriff that a diligent search has...
The liability for any contributions, skills 2016 training assessments, interest, penalties, and damages imposed by this chapter, or costs incidental to execution of warrants, shall not be subject...
(a) This section applies to notices given under sections 3, 4, and 5 [IC 22-4-29-3, 22-4-29-4, and 22-4-29-5] of this chapter. (b) As used in this section, notices includes mailings of...
Any employer against whom contributions shall be assessed as provided in this article shall be restrained and enjoined upon the order of the board by proper proceedings instituted in the name of...
If any contributions, interest, penalties, or damages assessed under this article, or any portion thereof, be not paid within one hundred twenty (120) days after the same is found to be due, a...
In all proceedings instituted after April 1, 1947, under the provisions of section 1 [IC 22-4-31-1] of this chapter in which a receiver may be appointed or refused, the party aggrieved may, within...
No injunction to restrain or delay the collection of any contributions, skills 2016 training assessments under IC 22-4-10.5-3, or other amounts claimed to be due under the provisions of this...
If the department finds that the collection of any contributions will be jeopardized by delaying, it shall enter such finding of record and thereupon, whether or not such contributions are due,...
(a) If, after due notice, any employing unit defaults in the payment of any contributions or other money payments required by this article, the amount due may be collected by civil action in the...
It is expressly provided that the foregoing remedies shall be cumulative and shall be in addition to all other existing remedies, and that no action taken by the board or its duly authorized...
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All matters pertaining to: (1) the assessment of contributions, penalties, and interest; (2) which accounts, if any, benefits paid, or finally ordered to be paid, should be charged; (3)...
In addition to all other powers conferred upon the liability administrative law judge in accordance with this article and the rules issued pursuant to this article, the liability administrative...
The proceedings before a liability administrative law judge shall be conducted in accordance with such rules of practice and procedure as the board may prescribe under its rulemaking authority as...
An employing unit shall have fifteen (15) days within which to protest in writing initial determinations of the commissioner with respect to: (1) The assessments of contributions, penalties,...
Any interested party to the dispute shall mean and include the protesting employing unit, the commissioner, and any person appearing to the liability administrative law judge to be necessary or...
After the hearing the liability administrative law judge shall as soon as practicable notify the interested parties in writing of the finding and decision of the liability administrative law...
A notice of intention to institute judicial review proceedings shall be a prerequisite to such action, shall be served on the adverse party at any time before said decision of the liability...
(a) Any decision of the liability administrative law judge shall be conclusive and binding as to all questions of fact. An interested party to the dispute may, within thirty (30) days after notice...
A full and complete record shall be kept of all proceedings had before the liability administrative law judge, and all testimony shall be retained in a suitable media such as an audio recording or...
The board, by rule, may require the appellant to deposit with the department an amount sufficient to pay the actual costs of preparing the transcript of the record of the proceedings before the...
The appellant shall attach to said transcript an assignment of errors. An assignment of errors that the decision of the liability administrative law judge is contrary to law shall be sufficient to...
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No judicial review proceeding shall be entertained by the court with respect to the assessment of any contributions, interest or penalties, unless the court finds that the payment of such...
In the event of any distribution of any employer's assets pursuant to an order of any court under the laws of this state including but not necessarily limited to any receivership, assignment for...
No final report or act of any executor, administrator, receiver, other fiduciary, or other officer engaged in administering the assets of any employer subject to the payment of contributions under...
To the end that the purposes of this article may be effectively enforced and administered, it is the declared intention of the general assembly that in all cases of legal distributions and...
(a) At any time within four (4) years after the date upon which any contributions, skills 2016 training assessments under IC 22-4-10.5-3, or interest thereon were paid, an employing unit which has...
The contributions, penalties, skills 2016 training assessments under IC 22-4-10.5-3, and interest due from any employer under the provisions of this article from the time they shall be due shall...
(a) Any individual, group of individuals, or other legal entity, whether or not an employing unit which acquires all or part of the organization, trade, or business within this state of an...
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(a) This section applies to notices given under sections 4, 7, 8, and 9 [IC 22-4-32-4, IC 22-4-32-7, IC 22-4-32-8, and IC 22-4-32-9] of this chapter. (b) As used in this section, notices...
Except as provided in IC 22-4-39, any agreement by an individual to waive, release or commute his rights to benefits or any other rights under this article is void. Any agreement by any individual...
(a) Except for fees charged under IC 22-4-17-12, no individual claiming benefits may be charged fees of any kind in a proceeding by the board, the review board, an administrative law judge, or the...
Except as provided in IC 22-4-39, any assignment, pledge or encumbrance of any right to benefits which are or may become due or payable under this article shall be void; and such rights to...
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An employing unit or other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of...
It is a Class C misdemeanor for an employing unit or other person to recklessly encourage or induce any individual to waive or forego any accrued or potential benefit rights under this article. ...
A person who knowingly violates this article commits a Class C misdemeanor, except as otherwise provided. Each day a violation continues constitutes a separate offense. ...
A person who knowingly fails to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, in obedience to a subpoena of the...
In any civil action to enforce the provisions of this article, the department, commissioner, state human resource investment council, unemployment insurance board, unemployment insurance review...
All criminal actions for violations of this article shall be prosecuted by the prosecuting attorney of any county, or with the assistance of the attorney general, if requested by the commissioner,...
Benefits shall be deemed to be due and payable under this article only to the extent provided in this article and to the extent that money is available therefor to the credit of the unemployment...
The general assembly reserves the right to amend or repeal all or any part of this article at any time, and there shall be no vested private rights of any kind against such amendment or repeal....
All money received from the United States government and paid into the state treasury, as provided in this article, is appropriated and shall be expended by the commissioner for the respective...
The provisions of this article are severable in the manner provided by IC 1-1-1-8(b). ...
In the event of the destruction of the central office of the department and the records and equipment contained therein, the commissioner shall at the direction of the governor institute such...
It is declared to be the purpose of this article to secure to the state of Indiana and to employers and employees therein all the rights and benefits which are conferred under the provisions of
(a) If at any time the governor of Indiana shall find that the tax imposed by
No caption of any section, subsection, or part of Acts 1947, c. 208 shall in any way affect the interpretation of this article or any part thereof. ...
This article shall be known as and may be cited as the Indiana Employment and Training Services Act. ...
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As used in this chapter: (1) Child support obligations includes only obligations which are being enforced pursuant to a plan described in Section 454 [
An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether the individual owes child support obligations as defined in section 1 [IC...
The department shall deduct and withhold from any unemployment compensation payable to an individual that owes child support obligations: (1) the amount specified by the individual to the...
This chapter applies only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the...
It is the purpose of this chapter to provide financial assistance for comprehensive job training and related services for economically disadvantaged, unemployed, and underemployed individuals...
As used in this chapter, comprehensive job training and related services include recruitment, counseling, remediation, motivational prejob training, vocational training, job development, job...
As used in this chapter, economically disadvantaged means an individual that meets the criteria established by the department. ...
As used in this chapter, underemployed means an individual: (1) Working part-time but seeking full-time work; or (2) Working full-time but receiving wages below the greater of: (A)...
As used in this chapter, unemployed means an individual who is without a job and who wants and is available for work. ...
The department shall administer this chapter. Each grant or program requires the approval of the governor and the state budget agency. ...
The department shall establish criteria for the distribution of funds under this chapter. The criteria must include the following requirements: (1) That the program receiving state assistance:...
The department, with the approval of the governor, may make a distribution in excess of the limit prescribed in section 8(3) [IC 22-4-40-8(3)] of this chapter if it determines that the excess...
The department may make a distribution of funds directly to a program, or may make a distribution subject to conditions that will ensure use consistent with the distribution and utilization of...
All money appropriated to the department under this chapter does not revert to the state general fund at the close of any fiscal year, but remains available to the department for expenditure...
The purpose of this chapter is to create the Indiana jobs training program to provide job training and related services to dislocated workers. ...
As used in this chapter, dislocated workers means workers who: (1) Have been terminated or laid off or who have received a notice of termination or layoff from employment, are eligible for or...
As used in this chapter, Job Training Partnership Act refers to the Job Training Partnership Act of 1982
Any appropriations made by the general assembly shall be used for the provision of training and services for dislocated workers and may be used as matching funds for the federal Job Training...
The department shall administer this chapter. Each grant or program requires the approval of the governor and the state budget agency. ...
The department may adopt rules under IC 4-22-2 to implement this chapter. ...
All money appropriated to the department under this chapter does not revert to the state general fund at the close of any fiscal year, but remains available to the department for expenditure...
The department may establish at least one (1) workforce development center within each service delivery area. ...
If established, each workforce development center shall do the following: (1) Provide the uniform assessment developed by the department under IC 22-4-18-6 of an individual's strengths and...
Ivy Tech State College and secondary level technical education program providers shall offer the services described in section 2(1) through 2(4) [IC 22-4-42-2(1) through IC 22-4-42-2(4)] of this...
The department is not permitted to use for work force development or the work force development centers established under section 1 [IC 22-4-42-1] of this chapter any of the following: (1)...
The definitions in this chapter apply throughout this article. ...
Commissioner refers to the commissioner of the department of workforce development appointed under IC 22-4.1-3-1. ...
Department refers to the department of workforce development established under IC 22-4.1-2. ...
Fund refers to the state workforce development fund established under IC 22-4.1-6-1. ...
The department of workforce development is established. Notwithstanding any other law, the department is the sole agency to plan, coordinate, implement, monitor, and make recommendations regarding...
The department is comprised of the following entities reorganized within the department: (1) The department of employment and training services; including the following: (A) The...
The entities listed in section 2 [IC 22-4.1-2-2] of this chapter shall cooperate to facilitate the coordination, consolidation, and promotion of workforce development activities statewide. ...
(a) The governor shall appoint a commissioner of the department. The commissioner serves at the pleasure of the governor as the chief administrative officer of the department. (b) The governor...
The commissioner may do the following: (1) Employ staff necessary to perform the duties of the department imposed by this article. (2) Fix the compensation and terms of staff employment,...
The commissioner shall adopt rules under IC 4-22-2 necessary to implement this article. ...
Funds necessary to support the operating costs of the department of workforce development beyond those approved and appropriated by the United States Congress or approved by federal agencies for...
The department may undertake duties identified by the commissioner as related to workforce development initiatives that were required of or authorized to be undertaken before July 1, 1994, by:...
(a) This section applies only to an employer who employs individuals within the state. (b) As used in this section, date of hire is the first date that an employee provides labor or services to...
As used in this chapter, discretionary grant means a grant awarded by the department as a result of an open bid process. ...
Before awarding a discretionary grant, the department shall do the following: (1) Submit for review and comment a list to the governor, the treasurer of state, and the auditor of state of all...
All discretionary grants awarded by the department must be reported annually to the legislative council. ...
This chapter does not apply to grants awarded to: (1) Service delivery areas (as defined in
Money in the fund may be used for the following purposes at the discretion of the department, based upon the priorities necessary to achieve the department's goals: (1) To build the capacity...
The workforce investment system is established to achieve the following goals: (1) To coordinate activities at the state and local levels to increase the employment, retention, occupational...
The definitions in this chapter apply throughout this article. ...
Chief elected official means: (1) the executive of a second or third class city that: (A) has a population of not less than five thousand (5,000); (B) is located in a workforce...
Department refers to the department of workforce development established under IC 22-4.1-2. ...
Executive has the meaning set forth in IC 36-1-2-5. ...
Incumbent worker council refers to an advisory committee to a regional board under IC 22-4.5-3-3. ...
One stop center means a physical location that: (1) provides access to all one stop services and one stop partners; (2) is certified by the regional board; and (3) includes an onsite...
One stop system means a regional system of service delivery that complies with IC 22-4.5-4-1. ...
Regional board means a local workforce investment board established under Title I, section 117 of the Workforce Investment Act. ...
State board refers to the state human resource investment council established under IC 22-4-18.1. ...
State plan means the unified state plan developed under Title I, section 112 of the Workforce Investment Act that complies with IC 22-4.5-3-1. ...
Workforce investment area means an area designated under section 116 of the Workforce Investment Act. ...
Workforce Investment Act refers to the federal Workforce Investment Act of 1998
Youth council refers to an advisory committee to a regional board under IC 22-4.5-3-4. ...
The state board shall recommend to the governor a unified state plan for the workforce investment system that includes: (1) secondary vocational education programs authorized under the Carl D....
(a) The department shall designate not more than sixteen (16) workforce investment areas consistent with the state plan. An initial designation as a workforce investment area may not have a...
(a) A workforce investment area shall be overseen by a regional board that complies with the Workforce Investment Act [
(a) Each regional board shall establish an incumbent worker council as an advisory committee to the regional board. (b) The regional board, with the cooperation of the chief elected official,...
(a) Each regional board shall establish a youth council as an advisory committee to the regional board. (b) The regional board, with the cooperation of the chief elected official, shall appoint...
A regional board shall establish a one stop system that meets the following criteria: (1) The system provides core services (as defined in
Mandatory one stop partners in the one stop system include the entities that administer the following workforce investment programs: (1) Programs under Title I of the Workforce Investment Act....
(a) In addition to the one stop partners identified under section 2 [IC 22-4.5-4-2] of this chapter, a regional board may submit a proposal under this section to the governor and the state board...
(a) The regional board, with the agreement of the chief elected official, shall develop and enter into a memorandum of understanding with each one stop partner concerning the operation of the...
The regional board, together with the chief elected official, has planning, policy, and oversight responsibilities for the one stop system. ...
The staff of the regional board may deliver services only under the following circumstances: (1) The one stop system in the region includes only mandatory one stop partners and voluntary...
The chief elected official is the grant recipient for youth, adult, and dislocated worker funds under Title I of the Workforce Investment Act [
The chief elected official: (1) may designate a fiscal agent; and (2) may not designate or assign liability to any other entity for youth, adult, and dislocated worker funds distributed by...
It is a Class A misdemeanor for a person to knowingly prepay transportation or assist or encourage the migration of any alien into Indiana under contract made before the migration of the alien to...
All contracts or agreements, express or implied, parol or special, which may hereafter be made by and between any person, company, partnership, limited liability company, or corporation, and any...
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Nothing in this chapter shall be so construed as to prevent any citizen or subject of any foreign country temporarily residing in the United States either in a private or official capacity from...
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(a) A person who, after having discharged any employee from his service, prevents the discharged employee from obtaining employment with any other person commits a Class C infraction and is liable...
If any railway company or any other company, partnership, limited liability company, or corporation in this state shall authorize, allow or permit any of its or their agents to black-list any...
(a) An employee of a private employer that is under public contract may report in writing the existence of: (1) A violation of a federal law or regulation; (2) A violation of a state law or...
An employer may not: (1) Require, as a condition of employment, an employee or prospective employee to refrain from using; or (2) Discriminate against an employee with respect to: (A)...
This chapter does not limit an employee's or prospective employee's rights or remedies under any other state or federal law. ...
This chapter does not apply to an employer that is: (1) A church; (2) A religious organization; or (3) A school or business conducted by a church or religious organization. ...
The employment contract of a person who: (1) Works with children; and (2) Is convicted of: (A) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age; (B)...
No court of the state of Indiana, as defined in this chapter, shall have jurisdiction to issue any restraining order or temporary or permanent injunction in a case involving or growing out of a...
In the interpretation of this chapter and in determining the jurisdiction and authority of the courts of the state, as such jurisdiction and authority are defined and limited in this chapter, the...
Any undertaking or promise, such as is described in this section, or any other undertaking or promise in conflict with the public policy declared in section 2 [IC 22-6-1-2] of this chapter, is...
No court of the state of Indiana shall have jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of any labor dispute to prohibit...
No court of the state of Indiana shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a...
(a) No court of the state of Indiana shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, as herein defined, except after...
No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, or who...
No restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except on the basis of finding of facts made and filed by the...
Whenever any court of the state shall issue or deny any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the...
In all cases arising under this chapter in which a person shall be charged with contempt in a court of the state of Indiana (as defined in this chapter), the accused shall enjoy the right to a...
The defendant in any proceeding for contempt of court may file with the court a demand for the retirement of the judge sitting in the proceeding, if the contempt arises from an attack upon the...
When used in this chapter and for the purpose of this chapter: (a) A case shall be held to involve or grow out of a labor dispute when the case involves persons who are engaged in the same...
It is hereby declared to be the public policy of the state of Indiana that it is necessary and essential in the public interest to facilitate the prompt, peaceful and just settlement of labor...
As used in this chapter: (a) The term public utility employer means an employer engaged in the business of rendering electric, gas, water, telephone, or transportation services to the public...
It shall be the duty of public utility employers and their employees in public utility operations to exert every reasonable effort to settle such labor disputes by the making of agreements through...
Not later than April 13, 1947, the governor shall appoint: (a) A panel of ten (10) persons to serve as conciliators under the provisions of this chapter; and (b) A panel of thirty (30)...
If in any case of a labor dispute between a public utility employer and its employees the collective bargaining process reaches an impasse and stalemate, with the result that the employer and the...
The conciliator so named shall expeditiously meet with the disputing parties and shall exert every reasonable effort to effect a prompt settlement of such dispute. From and after the filing of a...
If the conciliator so named is unable to effect a settlement of such dispute within a thirty (30) day period after his appointment, he shall report such fact to the governor, and the governor, if...
Each party to the dispute shall be entitled to designate one (1) representative to sit with the board of arbitrators, but such representatives shall sit in an advisory capacity only and without...
The board of arbitration shall promptly hold hearings and shall have the power to administer oaths and compel the attendance of witnesses and the furnishing by the parties of such information as...
The board of arbitration shall hand down its findings, decision, and order (referred to in this section as its order) within sixty (60) days after its appointment; provided, however, that the...
Either party to the dispute may within fifteen (15) days from the date such order is filed with the clerk of the court petition the circuit court of any county, in which the employer operates or...
(a) It is unlawful for any group of employees acting in concert to call a strike, to go out on strike, to cause any work stoppage or slowdown in violation of this chapter; it is unlawful for any...
Any person adversely affected by reason of any violation of the provisions of this chapter may file an action in the circuit court of the county in which any such violation occurs to restrain and...
Nothing in this chapter shall be construed to require an individual employee to render labor or service without his consent, or to make illegal the quitting of his labor or service or the...
Whenever any employee of any person, firm, limited liability company, or corporation doing business in this state shall be discharged or voluntarily quits the service of such person, firm, limited...
A person who violates section 1 [IC 22-6-3-1] of this chapter commits a Class C infraction. ...
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As used in this chapter, the term local union shall mean any branch or chapter of a national labor organization, the jurisdiction of which is limited to a particular geographical area. ...
No worker or group of workers who have a legal residence in the state of Indiana shall be denied the right to select his or their bargaining representative in this state, or be denied the right to...
A person who prevents another person from forming or belonging to a labor organization commits a Class B misdemeanor. ...
Duly adopted constitutions, by-laws, and other laws of labor organizations, except when and to the extent that the provisions thereof may violate public policy, are hereby declared to be valid and...
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As used in this chapter, unless otherwise provided: Board means the board of safety review created by this chapter. Bureau means the safety education and training bureau created by this...
Each employer shall establish and maintain conditions of work which are reasonably safe and healthful for employees, and free from recognized hazards that are causing or are likely to cause death...
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Every employer shall comply with the occupational health and safety standards promulgated under this chapter, and pursuant to any directions in such standards, keep his employees informed of their...
No employee may remove, damage, carry off, or render inoperative any safety device or safeguard furnished or provided for use in any employment, or place of employment, or interfere with the use...
No person may interfere with the use of any method or process adopted for the protection of any employee in his employment or place of employment, or of any other person lawfully within the place...
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Nothing in this chapter or the standards adopted under this chapter shall be deemed to authorize or require medical examination, immunization, or treatment for those who object on religious...
An occupational safety standards commission is created within the department to promulgate, modify, or revoke safety and health standards in Indiana and to hear and determine applications for...
The commission shall be composed of nine (9) members, all of whom shall be selected by the governor as follows: three (3) shall represent the management of principal industries in the state, one...
Members of the commission shall serve terms of three (3) years and until their successors are appointed except that of the members first appointed, three (3) members representing management, labor...
The commission shall meet annually at the call of the commissioner and elect a chairman and such other officers as they deem appropriate. ...
A majority of the commission constitutes a quorum for the transaction of business. ...
(a) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement for...
The commission shall meet at the call of the commissioner, the chairman or upon the written request of any four (4) members. However, the commission shall meet at least every three (3) months at...
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The commission may adopt by reference any standards, code, manuals or portions thereof, published by any nationally recognized organizations or associations organized or conducted in whole or in...
Any interested person, including representatives of employers and representatives of employees may propose a standard to the commission, or the commission may do so on its own motion. Such...
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(a) The commission may adopt emergency temporary standards under IC 4-22-2-37.1. The emergency temporary standard shall be published in a newspaper of general circulation published in Marion...
(a) A United States Occupational Safety and Health Administration (OSHA) standard lawfully adopted by OSHA under federal law may be enforced by the department without any further action by the...
(a) Any standard promulgated under this chapter shall prescribe the use of labels or other appropriate forms of warning as are necessary to insure that employees are apprised of all hazards to...
The commissioner may not adopt or enforce any provision used to carry out the enforcement of this chapter that is more stringent than the corresponding federal provision enforced by the United...
The department shall implement a voluntary protection program not later than sixty (60) days after the program has been made available by the United States Occupational Safety and Health...
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After promulgation of a safety standard by the commission, any question as to its applicability or legal validity may be adjudicated by an action for a declaratory judgment filed by an affected...
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Any affected employer may apply to the commission for a permanent variance from a standard promulgated under this chapter. Affected employees shall be given notice of each such application by...
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The commissioner and the department shall provide such administrative services, including docketing, stenographic, and recordkeeping services, as the commission may require in discharging its...
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The commissioner and such representatives as he may designate shall administer and enforce the provisions of this chapter and the safety standards adopted by the commission. The commissioner may...
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(a) Except as provided under section 51 [IC 22-8-1.1-51] of this chapter, the commissioner and his designated representatives, on their own motion, or on receipt of a written and signed request...
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In the case of a written request for an inspection by an employee or his representative who believes that a violation of a safety or health standard exists that threatens physical harm or that an...
Without the approval of the commissioner or his duly authorized representative, no person may give advance notice of any inspection. A person who recklessly gives advance notice without such...
Subject to regulations issued by the commissioner, a representative of the employer and a representative of the employees shall be given the opportunity to accompany the inspector during the...
(a) For purposes of this section, safety audit means a written consultation report related to health and safety standards that is: (1) Prepared for an employer by: (A) A third party; or...
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(a) If, as a result of the inspection, the commissioner or his designated representative determines there is a violation of this chapter, or any standard promulgated under it, the commissioner...
As prescribed by rules issued by the commissioner, the safety order shall be posted by the employer at or near the place of the alleged violation in such a manner that affected employees may...
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If the commissioner determines after reinspection the employer has failed to correct a violation for which a safety order has been issued within the period permitted for its correction, the...
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(a) The commissioner may assess the following civil penalties: (1) Any employer who has received a safety order for violation of any standard, rule, or order not of a serious nature may be...
(a) An employer may establish an affirmative defense for a violation of any standard, rule, or order that is the result of employee misconduct. (b) The employer has the burden of proving the...
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(a) Any employer receiving a safety order may, within fifteen (15) working days of such receipt, file a written petition for review under IC 4-21.5-3-7 of the order or any part thereof with the...
Any employee or representative of the employee may, within fifteen (15) working days of employer receipt of the safety order, file a written petition for review under IC 4-21.5-3-7 on the ground...
The commissioner shall, by rule adopted under IC 4-22-2, establish procedures for informal review of any safety order, assessment of penalty, or notice of failure to correct violation. ...
If a petition for review is granted, the commissioner shall immediately certify the dispute to the board of safety review. ...
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(a) A board of safety review is created within the department. (b) The board shall conduct hearings on contests involving safety orders, penalties, and notices of failure to correct a violation...
The board shall consist of five (5) members, all of whom shall be residents of Indiana and shall be appointed by the governor as follows: two (2) of the members shall be drawn from backgrounds...
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A majority of the board constitutes a quorum for the transaction of business. ...
(a) Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement for traveling...
(a) The board in the discharge of its functions may inspect the premises involved in the dispute. (b) The board shall select an administrative law judge under IC 4-21.5-3-9. However, if the board...
The commissioner and the department shall provide such administrative services, including docketing, stenographic, and recordkeeping services, as the board may require in discharging its function...
(a) When a dispute has been certified to the board by the commissioner pursuant to section 28.5 [IC 22-8-1.1-28.5] of this chapter, the board shall promptly schedule a hearing according to rules...
Proceedings in any hearing shall be conducted in accordance with IC 4-21.5-3. ...
Judicial review of any final order of the board shall be under IC 4-21.5-5. ...
(a) A safety order, penalty assessment, or notice of failure to correct violation which has become final, either through lack of any contest under section 28.1 [IC 22-8-1.1-28.1] of this chapter,...
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No person may make a false statement, representation, or certification in any application, record, report, plan, or other document required pursuant to this chapter. ...
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(a) Whenever the commissioner is of the opinion that imminent danger exists in any workplace in this state, which condition can reasonably be expected to cause death or serious physical harm, the...
A safety education and training bureau is created within the department to implement a program of occupational health and safety education and training. ...
The duties of the bureau shall include, but not be limited to, the following: (a) Development of a statewide health and safety education and training program to acquaint employers, supervisors,...
The director and staff of the bureau shall be selected and appointed by the commissioner under the provisions of IC 4-15-2. ...
(a) To insure the availability of accurate, timely statistical data concerning occupational health and safety, all employers having one or more employees simultaneously employed shall submit...
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If the balance in the special fund for safety and health consultation service on April 1 of each year is less than six hundred thousand dollars ($ 600,000) an annual tax is imposed to finance the...
The tax is imposed upon: (1) Each insurance carrier licensed to do worker's compensation business in the state; and (2) Each self-insured employer. ...
The annual tax shall be an amount equal to three-fourths of one percent (0.75%) of the total worker's compensation benefits paid in this state by the insurance carrier and self-insured employers...
(a) The tax shall be paid directly to the director who shall deposit the revenues in a special fund to be used solely for the safety and health programs for employer groups and for onsite...
The commissioner of labor, the occupational safety standards commission, the board of safety review, and the bureau of safety education and training shall have the power to make rules governing...
All penalties and fines which may be collected shall be paid into the state general fund. ...
Nothing in this chapter shall be construed to supersede or in any manner affect any worker's compensation or occupational diseases law, or any other statutory rights, duties, or liabilities, or...
(a) All information reported to or otherwise obtained by the commissioner, his designated representatives, the department of labor, the occupational safety standards commission, the board of...
A person who knowingly violates this chapter commits a Class B misdemeanor except as otherwise provided. ...
This chapter shall be known as The Indiana Occupational Safety and Health Act (IOSHA). ...
(a) This section does not affect the ability or duty of the commissioner or the commissioner's designee to conduct investigations in the following circumstances: (1) An employee requests an...
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(a) This section applies to a construction, an improvement, or a maintenance project that may require the creation of a trench of at least five (5) feet in depth. (b) IOSHA regulations 29 C.F.R....
IC 1971, 22-9-1 shall be known as the Indiana Civil Rights Law. ...
(a) It is the public policy of the state to provide all of its citizens equal opportunity for education, employment, access to public conveniences and accommodations, and acquisition through...
As used in this chapter: (a) Person means one (1) or more individuals, partnerships, associations, organizations, limited liability companies, corporations, labor organizations, cooperatives,...
(a) There is hereby created a civil rights commission composed of seven (7) members, not more than four (4) of whom shall be members of the same political party, to be appointed by the governor....
The members of the Commission shall be appointed within thirty (30) days after the effective date of IC 1971 22-9-1 and the first meeting thereof shall be called by the member first appointed...
(a) The commission shall establish and maintain a permanent office in the city of Indianapolis. (b) The commission may appoint such attorneys and other employees and agents as it considers...
In order to eliminate prejudice among the various racial, religious, and ethnic groups in this state and to further goodwill among such groups, the commission, in cooperation with the state...
The governor shall select and appoint a director who shall be secretary of the commission and chief administrative officer for the commission. The director shall devote his entire time and effort...
The director and the members of the commission before entering upon the discharge of their official duties shall each take and subscribe to an oath of office which shall be endorsed upon their...
In addition to its power to investigate the discriminatory practices referred to in this chapter, the commission may receive written complaints of violation of this chapter or other discriminatory...
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(a) As used in this section, the term state agency means every office, officer, board, commission, department, division, bureau, committee, fund, agency, and without limitation by reason of any...
(a) The prohibition against discrimination in employment because of disability does not apply to failure of an employer to employ or to retain as an employee any person who because of a disability...
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(a) A respondent or a complainant may elect to have the claims that are the basis for a finding of probable cause decided in a civil action as provided by section 17 [IC 22-9-1-17] of this...
(a) If a timely election is made under section 16 [IC 22-9-1-16] of this chapter, the complainant may file a civil action in a circuit or superior court having jurisdiction in the county in which...
(a) If a timely election is not made under section 16 [IC 22-1-9-16] of this chapter, the commission shall schedule a hearing on the finding of probable cause. (b) Except as provided in subsection...
For the purpose of this chapter: Discrimination shall mean dismissal from employment of, or refusal to employ or rehire any person because of his age, if such person has attained the age of...
It is declared to be an unfair employment practice and to be against public policy to dismiss from employment, or to refuse to employ or rehire, any person solely because of his age if such person...
It is hereby declared to be an unfair employment practice for any labor organization to deny full and equal membership rights to any applicant for membership or to fail or refuse to classify...
(a) Any provision in any contract, agreement or understanding entered into on or after October 1, 1965, but before October 1, 1979, which shall prevent or tend to prevent the employment of any...
The commissioner of labor shall investigate all complaints of discrimination, and for such purpose the commissioner shall have full power and authority: (1) To receive, investigate and pass...
Every person shall keep true and accurate records of the ages of all persons employed by him as reported by each employee, and shall upon demand furnish to the commissioner of labor, or his...
If the commissioner of labor shall find no probable cause exists to substantiate the charges, or, if upon all the evidence, he shall find that an employer has not engaged in unfair employment...
It shall be an unfair employment practice for any employer to discharge an employee because he has furnished evidence in connection with a complaint under this chapter. ...
No publicity shall be given to any proceeding before the commissioner of labor, either by the commissioner of labor or any employee thereof, provided that the commissioner may publish the facts in...
These provisions shall not apply to a person employed in private domestic service or service as a farm laborer nor to a person who is qualified for benefits under the terms or conditions of an...
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As used in this chapter, auxiliary aids and services includes the following: (1) Qualified interpreters or other effective methods of making aurally delivered materials available to...
As used in this chapter, commerce has the meaning set forth in Section 701 of the Civil Rights Act of 1964
As used in this chapter, commission refers to the civil rights commission. ...
As used in this chapter, covered entity means an employer, an employment agency, a labor organization, or a joint labor-management committee. ...
(a) As used in this chapter, disability means with respect to an individual: (1) A physical or mental impairment that substantially limits at least one (1) of the major life activities of the...
As used in this chapter, discriminate includes the following: (1) Limiting, segregating, or classifying a job applicant or an employee in a way that adversely affects the opportunities or...
As used in this chapter, drug means a controlled substance (as defined in schedules I through V of Section 202 of the Controlled Substances Act
As used in this chapter, employee means an individual employed by an employer. ...
(a) During the time beginning July 26, 1992, and ending July 25, 1994, as used in this chapter, employer means a person engaged in an industry affecting commerce that has at least twenty-five...
As used in this chapter, employment agency has the meaning set forth in Section 701 of the Civil Rights Act of 1964
As used in this chapter, illegal use of drugs means the use of drugs the possession or distribution of which is unlawful under the Controlled Substances Act. The term does not include the use of...
As used in this chapter, industry affecting commerce has the meaning set forth in Section 701 of the Civil Rights Act of 1964
As used in this chapter, labor organization has the meaning set forth in Section 701 of the Civil Rights Act of 1964
As used in this chapter, person has the meaning set forth in Section 701 of the Civil Rights Act of 1964
As used in this chapter, qualified individual with a disability means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the...
As used in this chapter, reasonable accommodation includes the following: (1) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities....
A covered entity may not discriminate against a qualified individual with a disability because of the disability of that individual in regard to any of the following: (1) Job application...
(a) The prohibition against discrimination in section 19 [IC 22-9-5-19] of this chapter includes medical examinations and inquiries. Except as otherwise provided by this section, a covered entity...
(a) It may be a defense to a charge of discrimination under this chapter that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out...
(a) This chapter does not prohibit a religious corporation, an association, an educational institution, or a society from giving preference in employment to individuals of a particular religion to...
(a) In any case in which an individual has an infectious or communicable disease that: (1) Is transmitted to others through the handling of food; (2) Is included on the list developed by the...
(a) A covered entity may do the following: (1) Prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees. (2) Require that employees shall not be under the...
Each employer, employment agency, labor organization, or joint labor-management committee covered under this chapter shall post notices in a format accessible to applicants, employees, and members...
The remedies available regarding complaints directed against a covered entity under this chapter are limited to the remedies provided under IC 22-9-1-6(k). ...
The commission shall adopt rules under IC 4-22-2 to carry out this chapter. These rules must not be in conflict with the provisions of the federal rules adopted under the employment discrimination...
(a) As used in this chapter, and unless otherwise indicated by the context, person with a disability means an individual who, by reason of physical or mental defect or infirmity, whether...
(a) As used in this chapter, housing accommodations means: (1) Real property, or part of real property, that is used or occupied, or is intended, arranged, or designed to be used or occupied,...
All persons with disabilities are entitled to full and equal access, as other members of the public, to all housing accommodations offered for rent, lease, or compensation in Indiana. ...
A person renting, leasing, or providing real property for compensation shall not refuse to accept a person with a disability as a tenant due to the fact that the person with a disability has a...
A person who feels the person's rights under this chapter have been violated may submit a complaint to the civil rights commission under IC 22-9-1-6. The civil rights commission shall determine...
Either party to a dispute filed under IC 22-9 may, not more than thirty (30) days after the date of receipt of the commission's final appealable order, appeal to the court of appeals under the...
(a) The appealing party shall notify the commission in writing of the party's intent to appeal and shall request the commission to prepare a record of the commission's proceedings to be used to...
A person may file an appeal under this chapter only after exhausting all administrative remedies available within the agency whose action is being appealed. ...
The purposes of this article are the following: (1) To provide for fair housing practices in Indiana. (2) To create a procedure for investigating and settling complaints of discriminatory...
Under this article, a discriminatory act is committed because of familial status if the act is committed because the person who is the subject of discrimination is: (1) Pregnant; (2)...
The definitions in this chapter apply throughout this article. ...
Aggrieved person includes any person who: (1) Claims to have been injured by a discriminatory housing practice; or (2) Believes that the person will be injured by a discriminatory housing...
Commission refers to the civil rights commission or to a local agency designated by an ordinance adopted under IC 22-9.5-4-1. ...
Complainant means a person, including the commission, who files a complaint under IC 22-9.5-6. ...
Conciliation means the attempted resolution of issues raised by a complaint or by the investigation of a complaint, through informal negotiations involving the aggrieved person, the respondent,...
Discriminatory housing practice means an act prohibited by IC 22-9.5-5. ...
Dwelling means: (1) Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one (1) or more families; or...
Family includes a single individual. ...
(a) Disabled means, with respect to a person: (1) A physical or mental impairment that substantially limits one (1) or more of the person's major life activities; (2) A record of having an...
Person means one (1) or more individuals, corporations, limited liability companies, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock...
To rent includes to lease, to sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant. ...
(a) Subject to subsection (b), IC 22-9.5-5 does not apply to the following: (1) The sale or rental of a single-family house sold or rented by an owner if: (A) The owner does not:...
This article does not prohibit a religious organization, an association, or a society or a nonprofit institution or an organization operated, supervised, or controlled by or in conjunction with a...
This article does not prohibit a private club not open to the public that, as an incident to the club's primary purpose, provides lodging that the club owns or operates for other than a commercial...
(a) As used in this section, housing for older persons means housing that the commission determines is: (1) Specifically designed and operated to assist elderly persons under a federal or...
This article does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, disability,...
(a) Except as provided in subsection (b), the civil rights commission shall administer this article. (b) A city, town, or county that has established or designated a local agency under IC...
The commission may adopt rules under IC 4-22-2 necessary to implement this article. ...
As provided by IC 22-9.5-6, the commission shall receive, investigate, seek to conciliate, and act on complaints alleging violations of this article. ...
The commission may, by rule, authorize the director of the commission to exercise the commission's powers or perform the commission's duties under this article. ...
(a) The commission shall, at least annually, publish a written report recommending legislative or other action to carry out the purposes of this article. (b) The commission shall make studies...
The commission shall cooperate with and, as appropriate, may provide technical and other assistance to federal, state, local, and other public or private entities that are formulating or operating...
(a) The commission may issue subpoenas and order discovery as provided by this section in aid of investigations and hearings under this article. (b) Subpoenas and discovery in aid of...
The commission may defer proceedings under this article and refer a complaint to a municipality that has been recognized by the United States Department of Housing and Urban Development as having...
The commission may accept gifts and grants from any public or private source for the purpose of administering this article. ...
(a) A person may not refuse to sell or to rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person...
A person may not make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any...
A person may not represent to any person because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is not available for inspection for sale or rental...
(a) A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to any buyer or renter because of a disability of: (1) The buyer or renter; (2) A...
(a) As used in this section, residential real estate related transaction means the following: (1) Making or purchasing loans or providing other financial assistance: (A) To purchase,...
A person may not deny any person access to, or membership or participation in, a multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to...
A person may not coerce, intimidate, threaten, or interfere with any other person: (1) In the exercise or enjoyment of any right granted or protected by this chapter; or (2) Because the...
(a) The commission shall investigate alleged discriminatory housing practices. (b) A complaint concerning an alleged discriminatory housing practice must be: (1) In writing; (2) Under oath;...
(a) Not later than ten (10) days after receipt of the notice and copy under section 1(f)(3) [IC 22-9.5-6-1(f)(3)] of this chapter, a respondent may file an answer to the complaint. (b) An answer...
(a) If the federal government has referred a complaint to the commission or has deferred jurisdiction over the subject matter of the complaint to the commission, the commission shall promptly...
(a) The commission may join a person not named in the complaint as an additional or substitute respondent if in the course of the investigation the commission determines that the person should be...
(a) The commission shall, during the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal by the commission, to the extent feasible, engage in...
(a) If the commission concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this article, the commission may file a civil...
(a) The commission shall prepare a final investigative report showing the following: (1) The names and dates of contacts with witnesses. (2) A summary of correspondence and other contacts...
(a) The commission shall determine based on the facts whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur. (b) The commission shall...
(a) If the commission determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the commission shall promptly dismiss the...
The commission may not issue a finding of reasonable cause under this chapter regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by...
(a) A complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in a finding of reasonable cause decided in a civil action as...
(a) If a timely election is made under section 13 [this section] of this chapter, the commission shall, not later than thirty (30) days after the election is made, file a civil action on behalf of...
(a) If a timely election is not made under section 12 [IC 22-9.5-6-12] of this chapter, the commission shall provide for a hearing on the finding of reasonable cause. (b) Except as provided by...
(a) If the commission determines at a hearing under section 14 [IC 22-9.5-6-14] of this chapter that a respondent has engaged in or is about to engage in a discriminatory housing practice, the...
A commission order under section 15 [IC 22-9.5-6-15] of this chapter does not affect a contract, a sale, an encumbrance, or a lease that: (1) Was consummated before the commission issued the...
If the commission issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the...
(a) An aggrieved person may file a civil action in the circuit or superior court located in the county in which the alleged discriminatory practice occurred not later than one (1) year after the...
If the court finds that a discriminatory housing practice has occurred or is about to occur in an action under this chapter, the court may award to the prevailing party the following: (1)...
(a) The commission may intervene in an action under this article if the commission determines that the case is of general public importance. (b) The commission may obtain the same relief available...
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The fair housing fund (referred to in this chapter as the fund) is established. The fund shall be administered by the commission. ...
Money deposited in the fund may be used only for administering this article. Money in the fund does not revert to the state general fund at the end of a state fiscal year. ...
The commission may file a civil action for appropriate relief if the commission has reasonable cause to believe that: (1) A person is engaged in a pattern or practice of resistance to the full...
In an action filed under section 1 [IC 22-9.5-8.1-1] of this chapter, the court may do the following: (1) Award preventive relief, including a permanent or temporary injunction, restraining...
A person may intervene in an action filed under section 1 [IC 22-9.5-8.1-1] of this chapter if the person is: (1) An aggrieved person to the discriminatory housing practice; or (2) A party...
The attorney general, on behalf of the commission or other party at whose request a subpoena is issued under this chapter, may enforce the subpoena in appropriate proceedings in the court in which...
A court in a civil action brought under this article or the commission in an administrative hearing under IC 22-9.5-6-14 may award reasonable attorney's fees to the prevailing party and assess...
Either party to a dispute filed under IC 22-9.5 may, not more than thirty (30) days after the date of receipt of the commission's final appealable order, appeal to the court of appeals under the...
(a) The appealing party shall notify the commission in writing of the party's intent to appeal and shall request the commission to prepare a record of the commission's proceedings to be used to...
A person may file an appeal under this chapter only after exhausting all administrative remedies available within the agency whose action is being appealed. ...
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This article applies to all underground commercial mines. ...
(a) The mining board is established. The board is composed of five (5) members appointed by the governor. The members must have the following qualifications: (1) Two (2) members must be...
A member of the board is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement for traveling expenses and other expenses...
The board may adopt rules under IC 4-22-2 to implement this article. ...
The board shall: (1) Execute and administer the laws of this state concerning coal mines; (2) Collect and diffuse information concerning the nature, causes, and prevention of mine accidents...
(a) With the governor's approval, the commissioner of labor shall appoint a director of the bureau who must have the following qualifications: (1) Be a citizen of the United States and a...
(a) The director shall employ, subject to IC 4-15-2, a chief mine inspector who has an Indiana fireboss certificate and at least three (3) years underground mining experience. (b) The chief mining...
Subject to section 6(b) [IC 22-10-1.5-6(b)] of this chapter, if the person appointed to the position of director or chief mining inspector is an employee of a coal operator doing business in...
(a) The operator of a coal mine shall have, in a fireproof repository located in an area on the surface of the mine chosen by the mine operator to minimize the danger of destruction by fire or...
(a) All maps required to show the underground workings of any mine, within this state, shall be made or certified by a registered engineer or land surveyor and sealed by such professional engineer...
(a) The coal mine map and any revision or supplement of it shall be available for inspection by: (1) The director or his authorized representative; (2) Coal mine inspectors of this state;...
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(a) Whenever an operator permanently closes or abandons a coal mine, or temporarily closes a coal mine for a period of more than ninety (90) days, he shall promptly notify the director of the...
In the case of any mine or mines, the shaft or opening of which is located in any state other than the state of Indiana, the employees in the entries or workings of such mines extending into and...
The provisions of IC 22-10-1.5 through IC 22-10-11 shall apply to all commercial coal mines, except that it shall be unlawful to use or operate any gasoline propelled engine or machinery inside...
(a) It is unlawful for any owner or operator of a coal mine who is engaged in removing any material or product from under the surface of the earth to use or operate any combustion propelled...
Unless the context requires otherwise, the provisions of IC 22-10-3 through IC 22-10-11 apply only to underground commercial coal mines. ...
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(a) The director shall devote his entire time and attention to the duties of his office during working hours, and shall be subject to call at all times. The director and mine inspectors are...
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(a) The director shall keep a record of the board's official actions concerning certificates issued under this chapter and file the record together with all questions and answers pertaining to...
(a) It is the duty of the board to examine any person applying for a certificate for mine foreman, assistant mine foreman, fire-boss, shot-firer, hoisting engineer, mine electrician, or belt...
(a) In event of loss or destruction of any certificate issued under the coal mining laws of this state, the board, upon satisfactory proof of such loss or destruction, shall issue a duplicate...
(a) As used in this section, practitioner means an individual who holds a certificate issued under this chapter. (b) A practitioner shall conduct his duties as he is so certified in accordance...
(a) Except as provided in subsection (g), a person may not be employed underground in any coal mine in this state unless he possesses a certificate of competency issued by the director or the mine...
Each commercial mine shall be supervised by one (1) or more certified mine foremen who shall see that the provisions of the coal mining laws of Indiana that pertain to their duties and to the...
(A) The operator of each underground commercial mine shall report to the director on or before the 15th day following each calendar month certain information. Such information shall include the...
(A) In dusty locations, electric motors, switches, lighting fixtures, and controls shall be protected by reasonable dusttight construction. (B) Structures shall be kept reasonably free of coal...
(a) Naphtha or other flammable liquids in lamp houses shall be kept in safe containers and safe dispensers. (b) Methane detectors or indicators shall be of a permissible type and maintained in a...
(a) Stairways, elevated platforms, floor openings, and elevated runways shall be equipped with suitable handrails or guardrails. Permanent ladders more than ten (10) feet in height shall be...
(A) Good housekeeping shall be practiced in and around mine buildings and yards. Such practices include cleanliness, orderly storage of materials, and the removal of possible sources of injury,...
(A) Lights shall be provided as needed in or on surface structures. (B) Paths and walks outside of structures which are required to be used by workmen in the performance of their work shall be...
(a) Oil, grease, and similar flammable materials shall be kept in closed containers separate from other materials so as not to create a fire hazard to nearby buildings or mines. If oil or grease...
(a) Adequate minimum standards for roof support suitable to the roof conditions and mining system of each mine shall be adopted and followed after written approval of the director. Such standards...
(A) The management shall provide at or near the face workings an ample supply of suitable materials of proper size with which to secure all working places in a safe manner. (B) Safety posts,...
(A) The management shall instruct all underground workmen in the proper testing of roof, face, and ribs. (B) Persons exposed to danger from falls of roof, face, and ribs shall examine and test the...
Recovery of roof supports shall not be done by inexperienced persons unless such persons are being trained by a qualified person. Roof bolts shall not be recovered by inexperienced persons and...
(a) Separate surface magazines shall be provided for the storage of explosives, detonators, and blasting heater elements. (b) Surface magazines for storing and distributing explosives in amounts...
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(a) Explosives or detonators carried anywhere underground by anyone shall be in containers constructed substantially of nonconductive material, maintained in good condition, and kept closed. (b)...
(A) When supplies of explosives and detonators for use in one or more sections are stored underground, they shall be kept in section boxes or magazines of substantial construction with no metal...
(a) Black blasting powder shall not be stored, handled, or used underground in a mine. (b) All explosives used underground in coal mines shall be of the permissible type and shall be used as...
(A) Blasting cables shall be: (1) Well insulated and as long as may be necessary to permit the shot firer to get in a safe place around a corner. (2) Short-circuited at the battery end until...
(A) Where misfires occur with electric detonators, a waiting period of at least 5 minutes shall elapse before anyone returns to the shot. After such failures, the blasting cable shall be...
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(A) Where compressed air is used for blasting or breaking down the coal, the following shall apply: (1) Air lines shall be tested to withstand an approximate pressure of 20,000 pounds per...
(a) All mines shall be ventilated by means of main fans installed as follows: (1) On the surface. (2) In fireproof housings. (3) Offset not less than fifteen (15) feet from the nearest...
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(A) The volume and the velocity of the current of air shall be sufficient to dilute so as to render harmless, and to carry away, flammable or harmful gases. (B) The operator, superintendent or...
(a) The main intake and main return air currents in slope mines driven after March 8, 1955, shall be in separate openings. The main intake and main return air currents in a single shaft sunk after...
(a) All active underground working places in a mine shall be ventilated by a current of air containing not less than nineteen and one-half percent (19.5%) of oxygen, not more than one-half percent...
(a) Breakthroughs shall be made in each room at least every sixty (60) feet (which dimension shall be the lineal distance along the rib of the block of coal between breakthroughs). Breakthroughs...
(a) The ventilation shall be so arranged by means of air locks, overcasts, or undercasts that the passage of trips or persons along the entries will not cause interruptions of the air current;...
(a) Substantially constructed line brattice shall be used from the last open breakthrough of an entry or room when necessary to provide adequate ventilation to within ten (10) feet, or a greater...
(a) Examinations for gas and other dangerous conditions shall be made by means of a methane detector approved by the United States Mine Safety and Health Administration or by air analysis. (b) Not...
(A) Coal dust, loose coal, and other combustible materials shall not be permitted to accumulate in active underground workings of a mine. (B) Where underground mining operations raise an excessive...
(a) All underground mines, except those mines or areas of mines in which the dust is too wet or too high in incombustible content to propagate an explosion, shall be rock dusted to within forty...
(a) Where men are transported into or out of a mine by hoists, a properly certified hoisting engineer shall be on duty continuously while any person is underground, except as provided in...
(a) Cages used for hoisting men shall be of substantial construction; with adequate steel bonnets; with enclosed sides; with gates, safety chains, or bars across the ends of the cage when men are...
(A) The roadbed, rails, joints, switches, frogs, and other elements of the track of all haulage roads shall be constructed, installed, and maintained in a manner consistent with speed and type of...
(a) Track-haulage roads in entries, rooms, and breakthroughs developed after March 8, 1955, shall have a continuous clearance on one (1) side of at least twenty-four (24) inches from the farthest...
(A) Locomotives, mine cars, shuttle-cars, supply cars, conveyors, and all other haulage equipment shall be maintained in a safe operating condition. (B) Wherever practicable, self-propelled mobile...
(a) Locomotives shall be equipped with proper rerailing devices for the rerailing of locomotives and cars. (b) An audible warning device and headlight shall be installed and maintained in good...
(A) Man-trips operated by means of locomotives shall be pulled and at safe speeds consistent with the condition of roads and type of equipment used, and shall be so controlled that they can be...
(A) Overhead high-potential power lines shall be placed at least 15 feet above the ground and 20 feet above driveways and haulageways, shall be installed on insulators, and shall be supported and...
(a) Unless surface transformers are isolated by elevation (eight (8) feet or more above the ground), they shall be enclosed in a transformer house or surrounded by a suitable fence at least six...
(a) All underground power wires and cables shall have adequate current-carrying capacity, shall be protected from mechanical injury, and with the exception of trailing cables and power cables...
(A) All metallic sheaths, armors, and conduits enclosing power conductors shall be electrically continuous throughout and shall be grounded effectively. (B) Metallic frames, casings, and other...
(a) Automatic circuit-breaking devices or fuses of the correct type and capacity shall be installed so as to protect all electric equipment and power circuits against excessive overload. Wires or...
(A) Telephone service or equivalent two-way communication facilities shall be provided between the top and each landing of main shafts and slopes and in all mines between the surface and each...
(a) Signal wires shall be supported on insulators and insulated properly where they cross power lines. (b) Bare signal wires that are readily accessible to personal contact shall not carry more...
(a) Electric face equipment may be used in a mine. (b) In a mine, permissible junction or distribution boxes shall be used for making multiple power connections in working places or other places...
(a) Trailing cables purchased after March 8, 1955, for use underground shall meet the United States Bureau of Mines requirements for flame-resistant cables. (b) Trailing cables shall be provided...
(A) Electric equipment and wiring shall be inspected by a competent person at least once a month and more often if necessary to assure safe operating conditions, and any defect found shall be...
(A) Electric-light wires shall be supported by suitable insulators, or installed in conduit, fastened securely to the power conductors, and not permitted to touch combustible material. (B)...
(A) The cutter chains of mining machines shall be locked securely by mechanical means or electrical interlocks while such machines are parked or being trammed. (B) Guards required by section...
(A) The following shall be guarded adequately: (1) Gears, sprockets, chains, drive pulleys, head pulleys, tail pulleys, takeup pulleys, flywheels, couplings, shafts, sawblades, fan inlets, and...
(a) Each mine shall be provided with suitable fire-fighting equipment, adequate for the size of the mine. (b) After every blasting operation, an examination shall be made to determine whether...
(A) No mine may resume operations following a mine explosion or mine fire until such mine has been inspected in its entirety by the director or mine inspector and found by him to be in safe...
An accurate map of the mine prepared in accordance with IC 22-10-2-1 [repealed] shall be posted in a place accessible to employees. Such map shall be brought up to date at least every twelve (12)...
The drilling and sealing of oil and gas wells penetrating coal beds or underground workings of mines shall be done in compliance with Indiana Statutes. ...
Whenever any working place in an underground mine approaches within 50 feet of abandoned workings in such mine as shown by surveys made and certified by a competent engineer or surveyor, or within...
(A) Persons in underground mines may use only permissible electric lamps for portable illumination. (B) Light bulbs on extension cables shall be guarded adequately. ...
Each mine shall have a check-in and check-out system that will provide positive identification upon the person of every individual underground. An accurate record of the men in the mine, which...
(A) Smoking is not permitted in underground mines and no person may carry smoking materials, matches, or lighters underground. (B) The intentional creation of any arc, spark, or open flame, except...
(A) All persons must wear protective hats while underground and also while on the surface in all working areas. (B) Protective footwear must be worn by employees, officials, and others while on...
Any employee of a mine who discovers a condition that is unsafe for other employees in the immediate area and at the mine shall immediately report such unsafe condition to his immediate...
(A) Each mine shall have an adequate supply of first-aid equipment located on the surface, at the bottom of shafts and slopes, and at other strategic locations near the working faces. The...
(a) For the protection of the health of employes, the operator, lessee, superintendent of, or other person in charge of every coal mine or colliery, or other place where laborers employed are...
No person under the age of eighteen (18) years may enter any mine for the purpose of employment. A parent or guardian of each person seeking employment must furnish an affidavit as to the age of...
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(a) The miners and other persons employed and working in and about the mines, and others interested in the rental or royalty on the coal mined therein, shall have a lien on said mine and all...
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IC 22-10-1.5 through IC 22-10-11 shall not be construed as repealing or in any wise affecting the operation of IC 22-3-2 through IC 22-3-6 applicable to the coal mines of the state of Indiana. ...
A person who knowingly violates this article commits a Class B misdemeanor. ...
For the purpose of carrying out IC 22-10-1.5 through IC 22-10-11, the necessary money is to be appropriated by the biennial budget act. ...
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It shall be the duty of every owner or operator who is engaged, within this state, in the business of removing any material in the commercial operation of mines or quarries from underneath the...
Every owner or operator who is engaged in any such industry, where the product is brought to a tipple to be loaded, shall keep and maintain at least three (3) fire extinguishers of a standard type...
(a) Every owner or operator who is engaged in any such industry that uses electrically driven machinery, and where a cable or other conductor is used to transfer power from a transformer to...
Every owner or operator who is engaged in any such industry where powder is stored in car-load lots for future use, shall maintain a suitable powder house not less than five hundred (500) feet...
All geared machinery, where gears are exposed, shall be properly guarded with standard guards commonly used for such purposes. ...
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The bureau of mines and mine safety shall acquire and maintain at all times the breathing apparatuses, universal testers, booster pumps, and related equipment required to equip two (2) complete...
(a) A mine rescue team consisting of at least five (5) members and two (2) alternate members shall be provided at each underground mine in Indiana. A team may not have fewer than five (5) members...
In the event of an underground mine disaster, the director of the bureau of mines and mine safety, in cooperation with interested federal agencies, shall order and coordinate the rescue operations...
The director of the bureau of mines and mine safety shall provide an annual statistical report including a list of all trained mine rescue teams. The report shall be sent to all mines that have...
Sections 10, 11, 12, and 13 [IC 22-10-12-10, 22-10-12-11, 22-10-12-12, 22-10-12-13] of this chapter apply to any surface coal mine at the request of the mine owner or operator. ...
Training of mine rescue teams under this chapter must begin no later than November 1, 1983, or within sixty (60) days after the opening of a mine and shall be completed within one hundred twenty...
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The bureau of mines and mine safety shall inspect auger operations at least once each year and may enforce the mandatory safety standards concerning auger operations adopted by the Secretary of...
Before any person enters an auger hole the auger operator shall notify the director or mine inspector and: (1) Check for methane gas (CH4) before entering the hole; and (2) Install roof...
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As used in this chapter, 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...
This chapter does not prohibit a county having a unified license bond, or a city or town within that county, from requiring licenses to do business in that county, city or town. However, the...
A license issued by a county having a unified license bond or a city or town within that county is valid until the contractor to whom the license was issued fails to perform any work under that...
If a contractor who is issued a license in a county having a unified license bond allows his license to expire, he may be required by the county, or a city or town within that county, which issued...
A contractor who on January 1, 1980, had a valid license issued by a county, or a city or town within that county, is not required to reapply for a license, but all other provisions of this...
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As used in this chapter: Auto burglar alarm means a tube that contains pyrotechnic composition that produces a loud whistle or smoke when ignited. A small quantity of explosive, not exceeding...
(a) The fire prevention and building safety commission may adopt rules for the granting of permits for supervised public displays of fireworks by municipalities, fair associations, amusement...
(a) The governing body of the municipality shall require a certificate of insurance conditioned for the payment of all damages which may be caused either to a person or persons in an amount of not...
(a) Nothing in this chapter shall be construed to prohibit: (1) Any resident wholesaler, manufacturer, importer, or distributor from selling: (A) At wholesale fireworks not prohibited by...
(a) The state fire marshal shall remove at the expense of the owner, all stocks of fireworks or combustibles possessed, transported, or delivered in violation of this chapter. (b) The state fire...
A person who violates section 4(c), 5(c), 5(d), 7, or 8 [IC 22-11-14-4(c), IC 22-11-14-5(c), (d), IC 22-11-14-7, or IC 22-11-14-8] of this chapter commits a Class A misdemeanor. ...
(a) A retailer selling fireworks at one (1) or more temporary stands must obtain a fireworks stand retail sales permit, referred to in this section as a permit, from the state fire marshal. (b)...
A person shall not sell at retail, or offer for sale at retail, any fireworks, novelties, or trick noisemakers other than the following: (1) Dipped sticks or wire sparklers. However, total...
The state fire marshal is charged with the responsibility of enforcing this chapter. ...
(a) Each interstate wholesaler shall keep a record of each sale of fireworks not approved for sale in Indiana. This record must include: (1) The purchaser's name; (2) The purchaser's...
It is the intent of the general assembly to protect the public welfare and promote safety in the filling and use of pressure vessels containing liquefied petroleum gases by implementing both the...
As used in this chapter: (1) Liquefied petroleum gas means any material composed predominantly of any of the following hydrocarbons or mixtures of the same: propane, propylene, butanes...
If a liquefied petroleum gas container bears on its surface in legible characters the name, mark, initials, or other identifying device of its owner, it is unlawful for any person except the owner...
Possession of a liquefied petroleum gas container by any person other than the owner without the owner's written consent is presumptive evidence of the unlawful use of that container, except as...
Any person or his agent with personal knowledge of the facts who has reason to believe that any of his liquefied petroleum gas containers are in the possession of or are being illegally used by...
Any person who violates this chapter commits a Class C misdemeanor. ...
As used in this chapter, owner means a person having control or custody of any building covered by this chapter. ...
(a) The fire prevention and building safety commission shall adopt rules under IC 4-22-2 governing fire safety in certain buildings as specified in subsection (b). (b) Except as provided in...
(a) The rules required by this chapter must include the following requirements: (1) In all hotels, motels, and buildings containing three (3) or more sleeping rooms that rent for a fee, an...
An owner violating the provisions of this chapter or the rules adopted under it, commits a Class A infraction. ...
The state fire marshal's office shall, as part of its normal inspection process, conduct inspections to determine if there is compliance with this chapter and the rules adopted under it. Any...
(a) Except as provided in subsection (b) and section 2.5 [IC 22-11-17-2.5] of this chapter, an owner of a public building shall not permit an exit to be locked or obstructed in any manner that...
(a) A hospital licensed under IC 12-25 or IC 16-21 or a health facility licensed under IC 16-28 complies with section 2(a) [IC 22-11-17-2(a)] of this chapter by meeting the federal standards of...
An owner who violates section 2 [IC 22-11-17-2] of this chapter commits a Class B misdemeanor. ...
An owner of a public building commits a Class D felony if: (1) He knowingly or intentionally violates section 2 [IC 22-11-17-2] of this chapter; and (2) Bodily injury (as defined by IC...
The state fire marshal's office may, as part of its normal inspection process, conduct inspections to determine if there is compliance with this chapter and the rules adopted under it. Any...
(a) This chapter does not prohibit the securing of a building from illegal entry or exit during nonbusiness or nonworking hours. (b) This chapter is not intended to conflict with the requirements...
As used in this chapter: 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). Hotels and motels means buildings or...
(a) This chapter applies to all hotels, motels, and dwellings. (b) A totally sprinkled building (conforming to Uniform Building Code standards at the time of construction) is exempt from the...
(a) This section only applies to hotels and motels. (b) All hotels and motels must have functional smoke detectors. (c) Except as provided in subsection (f), a detector must be installed in all...
(a) This section only applies to dwellings. (b) A rule or an ordinance is not voided or limited by this section if the rule or ordinance: (1) Applies to an occupied dwelling; and (2) Is at...
A violation of section 3.5 [IC 22-11-18-3.5] of this chapter does not constitute grounds for a reduction or denial of a claim under an insurance policy even if the policy contains terms to the...
Compliance with this chapter does not relieve the owner from the requirements of any other applicable law, ordinance, rule, or regulation. ...
(a) An owner of a hotel or motel who violates this chapter commits a Class A infraction, except as provided by subsection (b). (b) An owner of a hotel or motel commits a Class D felony if: (1)...
(a) The state fire marshal's office shall, as part of its normal inspection process, conduct inspections of hotels and motels to determine if the detectors are installed and functioning in...
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As used in this chapter, 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...
As used in this chapter, appurtenances includes pumps, compressors, safety relief devices, liquid level gauging devices, valves, and pressure gauges. ...
As used in this chapter, container includes vessels, tanks, cylinders, or spheres. ...
As used in this chapter, equipment law has the meaning set forth in IC 22-12-1-11. ...
As used in this chapter, law includes the following: (1) IC 13 or a rule adopted under IC 13. (2) IC 15-3-2 or a rule adopted under IC 15-3-2. (3) IC 22-8-1.1 or a rule adopted under IC...
(a) This section does not apply to a person that stores or transports anhydrous ammonia (NH3) or an ammonia solution for a lawful agricultural or commercial purpose. (b) A person who knowingly or...
The definitions in this chapter apply throughout this article, IC 22-13, IC 22-14, and IC 22-15. ...
Agricultural purpose includes farming, dairying, pasturage, apiculture, horticulture, floriculture, vitaculture [viticulture], ornamental horticulture, olericulture, pomiculture, animal...
ANSI refers to the American National Standards Institute. ...
ASME refers to the American Society of Mechanical Engineers. ...
ASTM refers to the American Society for Testing and Materials. ...
Building law means any fire safety law, equipment law, or other law governing any of the following: (1) Fabrication of an industrialized building system or mobile structure for installation,...
(a) Class 1 structure means any part of the following: (1) A building or structure that is intended to be or is occupied or otherwise used in any part by any of the following: (A) The...
(a) Class 2 structure means any part of the following: (1) A building or structure that is intended to contain or contains only one (1) dwelling unit or two (2) dwelling units unless any part...
Commission refers to the fire prevention and building safety commission. ...
Construction means any of the following: (1) Fabrication of any part of an industrialized building system or mobile structure for use at another site. (2) Erection or assembly of any part...
Department refers to the fire and building services department. ...
Education board refers to the board of firefighting personnel standards and education. ...
Equipment law means a statute or rule under this article, IC 22-13, or IC 22-15 that applies to the design, manufacture, fabrication, assembly, installation, alteration, repair, maintenance,...
Fire department means a paid fire department or volunteer fire department that renders fire prevention or fire protection services to a political subdivision. ...
Fire safety law means any building law, equipment law, or other law safeguarding life or property from the hazards of fire or explosion. ...
Industrialized building system means any part of a building or other structure that is in whole or in substantial part fabricated in an off-site manufacturing facility for installation or...
Law includes any statute, rule, ordinance, or other regulation. ...
Manufactured home has the meaning set forth in
(a) Mobile structure means any part of a fabricated unit that is designed to be: (1) Towed on its own chassis; and (2) Connected to utilities for year-round occupancy or use as a Class 1...
Person means an individual, corporation, limited liability company, partnership, unincorporated association, or governmental entity. ...
Qualified entity means: (1) a volunteer fire department (as defined in IC 36-8-12-2); (2) the executive of a township providing fire protection under IC 36-8-13-3(a)(1); or (3) a...
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(a) Regulated boiler or pressure vessel refers to any part of a boiler or pressure vessel not described in subsection (b). (b) The term does not include any of the following: (1) Water...
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(a) Regulated lifting device means any part of the components, enclosures, and equipment necessary for the operation of the following: (1) A hoisting and lowering mechanism, equipped with a...
Regulated place of amusement or entertainment refers to the following: (1) A theater, opera house, movie theater, dance hall, night club with a stage or floor show, or another place that...
Stand means a structure, booth, or table for display and sale of farm produce. ...
Structure includes swimming pool. ...
Rules board refers to the boiler and pressure vessel rules board. ...
Vehicular bridge means any bridge that is neither: (1) A pedestrian walkway; nor (2) A passageway for light vehicles; suspended between two (2) or more parts of a building or between two...
The fire prevention and building safety commission is established. ...
(a) The commission consists of nineteen (19) voting members and two (2) nonvoting members. The governor shall appoint seventeen (17) voting members to the commission, each to serve a term of four...
The governor may remove a member of the commission for inefficiency or neglect of duty. ...
If a vacancy occurs on the commission, the governor shall appoint an individual to serve the unexpired term of the vacating member. ...
The commission shall annually elect a chairperson from among its members. ...
(a) The commission shall meet at least quarterly. (b) A quorum of the commission consists of ten (10) voting members. IC 4-21.5-3-3 applies to a commission action governed by IC 4-21.5. The...
The department shall provide facilities and staff to carry out the responsibilities of the commission. ...
(a) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement for...
The board of firefighting personnel standards and education is established. ...
The governor may remove a member of the education board for inefficiency or neglect of duty. ...
If a vacancy occurs on the education board, the governor shall appoint an individual to serve the unexpired term of the vacating member. ...
The education board shall annually elect a chairperson, a vice chairperson, and a secretary from among its members. ...
(a) The education board shall meet as it determines necessary. (b) Meetings of the education board shall be called upon the request of its chairperson or the written request of five (5) of its...
The office of the state fire marshal shall provide facilities and staff to carry out the responsibilities of the education board. ...
(a) Each member of the education board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b) for attendance at meetings of the education board where...
The boiler and pressure vessel rules board is established. ...
(a) The governor shall appoint ten (10) voting members to the rules board, each to serve a term of four (4) years. (b) The rules board must include the following: (1) One (1) individual who...
The governor may remove a member of the rules board for inefficiency or neglect of duty. ...
If a vacancy occurs on the rules board, the governor shall appoint an individual to serve the unexpired term of the vacating member. ...
The rules board shall annually elect a chairperson from among its members. ...
(a) The rules board shall meet at least quarterly. (b) Meetings of the rules board shall be called upon the request of its chairperson. ...
Each member of the rules board is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel...
As used in this chapter, board refers to the regulated amusement device safety board established by section 2 [IC 22-12-4.5-2] of this chapter. ...
The regulated amusement device safety board is established. ...
(a) The board has eleven (11) members, appointed as follows: (1) The chief inspector of the division of elevator safety or the chief inspector's designee. (2) One (1) individual who...
(a) The term of a member is three (3) years. A member continues to serve until the member's successor is appointed or until sixty (60) days have elapsed since the member's term expired, whichever...
The board shall annually elect a chairperson and vice chairperson from among the board's members. ...
(a) Each member of the board who is not a state employee is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement for...
The department shall provide facilities and staff to carry out the responsibilities of the board. ...
The fire and building services department is established. The department consists of the following offices and divisions: (1) Office of the executive director. (2) Office of the state fire...
The principal offices of the department and its offices and divisions must be located in one (1) place. ...
Sufficient qualified personnel shall be employed in the department to carry out its responsibilities. IC 4-15-2 applies to all personnel in the department. ...
(a) The governor shall appoint an executive director for the department who serves at the pleasure of the governor. (b) The executive director must: (1) Have executive experience in the...
(a) A division of management information and statistics is established within the department. (b) The director of the division shall be appointed by and shall serve at the pleasure of the...
(a) A division of education and information is established within the department. (b) The director of the division shall be appointed by and shall serve at the pleasure of the executive director...
(a) A division of technical services and research is established within the department. (b) The director of the division shall be appointed by and shall serve at the pleasure of the executive...
(a) The fire and building services fund is established for the purpose of defraying the personal services, other operating expense, and capital outlay of the following: (1) The department of...
(a) The statewide fire and building safety education fund is established to provide money to: (1) local fire and building inspection departments for enrollment in education and training...
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(a) All fire insurance companies licensed to transact business in Indiana shall pay to the treasurer of state before March 2 of each year an amount equal to one-half of one percent (0.5%) of the...
(a) The commission may adopt rules under IC 4-22-2 setting a fee schedule for the following: (1) Fireworks display permits issued under IC 22-11-14-2. (2) Explosives magazine permits issued...
(a) This section does not apply to a nonpublic school (as defined in IC 20-10.1-1-3) or a school operated by a school corporation (as defined in IC 20-6.1-1-5). (b) The office of the state fire...
(a) The office of the state building commissioner shall charge the following schedule of fees: (1) Installation permits for new passenger elevators, freight elevators, material lifts with...
(a) The office of the state building commissioner may not charge more than two (2) of the fees described in subsections (b), (c), and (d), to an owner or user for inspections of regulated boilers...
(a) This section applies when a person other than the office of the state building commissioner inspects a regulated boiler or pressure vessel for the issuance of a permit under IC 22-15-6. (b)...
(a) The office of the state building commissioner shall compute the charge to manufacturers (including fabricators, field assemblers, and repairers of any part of a regulated boiler or pressure...
The rules board shall set the application fee for a regulated boiler and pressure vessel inspector license under IC 22-15-6-5. ...
The application fee for an owner or user inspection agency license under IC 22-15-6-6 is twenty-five dollars ($ 25). ...
(a) As used in this section, credit card means a bank card, debit card, charge card, prepaid card, or other similar device used for payment. (b) In addition to other methods of payment allowed...
This chapter applies to the commission, the education board, the rules board, and every officer, employee, and agent of an office or division within the department whenever the person has...
IC 4-21.5 applies to persons described in section 1 [IC 22-12-7-1] of this chapter. ...
Notwithstanding IC 4-21.5-3-5, the appropriate person under section 1 [IC 22-12-7-1] of this chapter shall issue the following orders under IC 4-21.5-3-4: (1) The grant, renewal, restoration,...
The appropriate person under section 1 [IC 22-12-7-1] of this chapter shall issue the following orders under IC 4-21.5-3-6: (1) An order requiring a person to cease and correct any violation of...
(a) An emergency or other temporary order may be issued under IC 4-21.5-4 whenever the appropriate person under section 1 [IC 22-12-7-1] of this chapter determines that conduct or a condition of...
An order under IC 4-21.5-3-6 or IC 4-21.5-4 may include the following, singly or in combination: (1) Require a person who has taken a substantial step toward violating a law or has violated a...
(a) If a licensee is placed on probation under section 7 [IC 22-12-7-7] of this chapter, the person issuing the order may require that licensee to: (1) Report regularly to the department or...
(a) The person issuing the order may reinstate a license that has been suspended under section 7 [IC 22-12-7-7] of this chapter if the person issuing the order is satisfied that the applicant for...
(a) A person described in section 1 [IC 22-12-7-1] of this chapter shall try to be consistent in imposing sanctions authorized under section 7(4) [IC 22-12-7-7(4)] of this chapter. (b) If...
(a) An order issued by the rules board may be appealed to the commission under IC 4-21.5-3-7. (b) If an order is appealed, the commission or its designee shall conduct all administrative...
In lieu of issuing an administrative order, the appropriate person under section 1 [IC 22-12-7-1] of this chapter may apply for an order from a circuit or superior court in the county in which a...
Upon a showing that a person has: (1) Taken a substantial step toward violating a law; or (2) Violated a law; the court may grant without bond an injunction, restraining order, or other...
Each day that an infraction under this chapter occurs constitutes a separate infraction. ...
A person who violates: (1) A rule adopted under this article, IC 22-13, IC 22-14, or IC 22-15; (2) A condition of a permit, certification, registration, release, authorization, variance,...
A person who recklessly allows another to commit a violation of: (1) A rule adopted under this article, IC 22-13, IC 22-14, or IC 22-15; (2) A condition of a permit, certification,...
(a) Immediately upon abandoning the use of heating oil as a fuel in heating a property, the owner of a heating oil tank, under applicable state and federal law, shall: (1) remove all flammable...
A contractor or subcontractor proposing to convert a residential property from heating oil to another heat source shall inform the property owner of the requirements of this chapter and include in...
The definitions set forth in IC 22-12-1 and this chapter apply throughout this article. ...
Building rule means a rule that: (1) Is adopted by the commission; and (2) Qualifies as a building law under IC 22-12-1-3. ...
Fire safety rule means a rule that: (1) Is adopted by the commission; and (2) Qualifies as a fire safety law under IC 22-12-1-13. ...
Except as provided in this article, state agencies and political subdivisions may exercise their statutory powers to regulate buildings, structures, and other property. ...
(a) The commission shall adopt rules under IC 4-22-2 and IC 22-13-2.5 to adopt a statewide code of fire safety laws and building laws. (b) Before December 1, 2003, the commission shall adopt the...
(a) Except to the extent provided in subsection (c), the rules adopted under section 2 [IC 22-13-2-2] of this chapter take precedence over: (1) Any rule adopted by a state agency that conflicts...
If the commission finds duplication, conflict, or overlapping of responsibility between: (1) This article, IC 22-12, IC 22-14, IC 22-15, a fire safety rule, or a building rule; and (2) The...
(a) The commission shall carry out a program to review the fire safety laws and the building laws adopted in the ordinances and other regulations of political subdivisions. (b) An ordinance or...
An ordinance or other regulation adopted by a political subdivision that governs the construction of a building or other structure does not apply to an industrialized building system or mobile...
(a) The commission may review and modify or reverse any variance or other order that: (1) Is issued by a state agency or political subdivision; and (2) Covers a subject governed by this...
Except as provided in section 10 [IC 22-13-2-10] of this chapter, political subdivisions do not have the power to regulate regulated: (1) amusement devices; (2) boilers; (3) lifting...
(a) A county, city, or town may regulate regulated lifting devices if the unit's regulatory program is approved by the commission. (b) A unit must submit its ordinances and other regulations that...
(a) The commission or the rules board may grant a variance to a rule that it has adopted. (b) To qualify for a variance, an applicant must pay the fee set under IC 22-12-6-6 and submit facts...
(a) This section applies if the commission is authorized by statute to enter into agreements with the federal government, another state, or foreign country. (b) An agreement under this section...
(a) The commission may adopt rules under IC 4-22-2 to implement this article, IC 22-12, IC 22-14, and IC 22-15. (b) Any power of the state fire marshal or the state building commissioner to adopt...
The commission may engage in studies and consult with any person to implement this article, IC 22-12, IC 22-14, and IC 22-15. ...
(a) Except as provided in section 3 [IC 22-13-2.5-3] of this chapter, the commission may not adopt a rule under this chapter until the commission has conducted two (2) public hearings in...
The commission is not required to comply with section 2 [IC 22-13-2.5-2] of this chapter if a proposed rule constitutes: (1) the adoption or incorporation by reference of a federal statute,...
The commission shall adopt fire safety rules that prohibit the following: (1) The storage of regulated explosives (as defined in IC 35-47.5-2-13) in quantities exceeding the maximum quantity...
(a) This section applies to the following laboratories: (1) Analytical laboratories approved by the office of the state fire marshal under the alternative criteria established by the commission...
The commission shall adopt fire safety rules that prohibit the occupancy or use of Class 1 structures that do not comply with the commission's rules governing the number, type, location,...
(a) The building rules adopted by the commission to govern new construction must promote the following: (1) Safety. (2) Sanitary conditions. (3) Energy conservation. (4) Access by a...
(a) The commission shall adopt building rules for the purpose of complying with and implementing the Americans with Disabilities Act
The commission shall adopt building rules to govern the construction of industrialized building systems and mobile structures. In these rules, industrialized building systems and mobile structures...
(a) This section applies to a building or other structure that is: (1) Temporarily used as a model or office for the sale of a one (1) or two (2) family dwelling; or (2) Used for an...
The commission may adopt building rules that exempt minor construction (as defined in the rules adopted by the commission) from the design release requirement under IC 22-15-3 and the regulated...
(a) The commission shall adopt building rules that allow a person to convert a building or other structure, in whole or in part, from one (1) class of occupancy and use established under the...
(a) This section applies to Class 1 structures that are partially or entirely located within the geographic area included in seismic zone 2A. (b) As used in this section, seismic zone 2A refers...
Upon the written request of an interested person, the office of the state building commissioner may issue a written interpretation of a building law. An interpretation issued by the office of the...
(a) A written interpretation issued under section 2 [IC 22-13-5-2] of this chapter binds the interested person and the county or municipality with whom the interested person has the dispute until...
(a) A written interpretation of a building law binds all counties and municipalities if the office of the state building commissioner publishes the written interpretation of the building law in...
Each day that an infraction under this article occurs constitutes a separate infraction. ...
(a) This section applies to a provision of this article that requires an applicant for a certification, registration, permit, approval, or other license to: (1) Demonstrate that a person is in...
The definitions set forth in IC 22-12-1 and this chapter apply throughout this article. ...
Office refers to the office of the state fire marshal. ...
The office of the state fire marshal is established within the department. ...
(a) The governor shall appoint a state fire marshal to direct the office. The state fire marshal serves at the pleasure of the governor. (b) The state fire marshal must have: (1) A recognized...
(a) Except as provided in this section, the state fire marshal shall appoint under IC 4-15-2 and organize the other personnel within the office. Subject to IC 4-12-1, the state fire marshal may...
To carry out the office's responsibilities, the state fire marshal or a deputy fire marshal may: (1) Exercise the powers of a law enforcement officer to prevent fires and conduct arson...
(a) The office shall carry out a program to provide public information concerning fire prevention and maintain data and statistics concerning fires and fire prevention activities. (b) The office...
(a) The office shall develop programs to train fire department personnel and volunteers. The office may develop these training programs in cooperation with any accredited educational institution...
(a) This section does not limit the powers, rights, duties, and other responsibilities of municipal or county governments or impose requirements affecting pension laws or any other laws. (b) This...
(a) Regardless of the extent of the investigation conducted by a fire department under IC 36-8-17-7, the office may conduct an investigation into the causes and circumstances surrounding any fire...
The office shall review and may approve plans and specifications presented to the office for a design release under IC 22-15-3 for compliance with the fire safety laws. ...
(a) The office shall carry out a program to: (1) Enforce all fire safety laws and related variances and other orders; and (2) Protect the public from fire hazards. (b) The office shall carry...
The office shall carry out a program to periodically inspect structures and other property that are used by the state, a county, a city, a town, or a school corporation, including institutions...
(a) Except as provided in subsection (c), this chapter does not apply to a nonpublic school (as defined in IC 20-10.1-1-3) or a school operated by a school corporation (as defined in IC...
(a) The office shall issue an amusement and entertainment permit to an applicant who qualifies under section 3 [IC 22-14-3-3] of this chapter. (b) A permit issued under section 3 of this chapter...
To qualify for an amusement and entertainment permit, an applicant must: (1) Submit an application sworn or affirmed under penalties of perjury on forms provided by the office upon request;...
(a) The office may modify an amusement and entertainment permit with a special event endorsement that covers one (1) or more events not specified in the initial permit. (b) To qualify for a...
(a) This section applies to the following: (1) Each person who has control over the performance of an amusement or entertainment described in IC 22-12-1-23. (2) Each person who has control...
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(a) The firefighting and emergency equipment revolving loan fund is established. The office shall administer the revolving fund. The revolving fund must be used for the purposes of: (1)...
The commission shall adopt rules under IC 4-22-2 to do the following: (1) Establish the policies and procedures to be used by the department in the administration of the revolving fund. (2)...
The commission may not require a qualified entity to provide money from other sources to match the amount of a loan under this chapter. ...
The total amount of loans under this chapter that may be outstanding at any time may not exceed five million dollars ($ 5,000,000). ...
The total amount of loans under this chapter that may be outstanding at any time to a single qualified entity may not exceed one hundred fifty thousand dollars ($ 150,000). ...
(a) The office shall do the following: (1) Review and approve or disapprove applications for loans from the revolving fund. (2) Establish the terms of loans from the revolving fund. (3)...
The office may enter into contracts that are necessary for the administration of this chapter, including contracts for the servicing of loans. ...
(a) The office shall assign a loan priority rating to each loan application under this chapter. (b) The loan priority rating must be assigned in conformity with criteria adopted by the commission....
A loan under this chapter is subject to the following conditions: (1) The qualified entity may use the loan only for the purchase of new or used firefighting and other emergency equipment or...
Notwithstanding any other law, the loan to a qualified entity under this section may be directly negotiated with the office without public sale of bonds or other evidences of indebtedness of the...
Before applying for a loan under this chapter, a qualified entity must obtain the approval of a fiscal unit that contracts with the qualified entity if: (1) The unit is providing more than...
The making of the loan from the revolving fund does not constitute the lending of credit by the state for purposes of any other statute or the Constitution of the State of Indiana. ...
If a qualified entity fails to make repayment of money loaned under this chapter or is in any way indebted to the revolving fund for any amount incurred or accrued, the amount payable may be...
Each day that an infraction under this article occurs constitutes a separate infraction. ...
(a) This section applies to a provision of this article that requires an applicant for a certification, registration, permit, approval, or other license to: (1) Demonstrate that the person is...
Office refers to the office of the state building commissioner. ...
The office of the state building commissioner is established within the department. ...
(a) The state building commissioner shall organize the office into the following divisions: (1) A division of code enforcement to carry out section 7 of this chapter and IC 22-15-4 and to...
(a) The state building commissioner shall appoint a director to each of the divisions established by section 3 [IC 22-15-2-3] of this chapter. These directors serve at the pleasure of the state...
The state building commissioner and other office employees may not directly or indirectly engage for money or other consideration in the private practice of architecture, the private practice of...
To carry out the office's responsibilities, the state building commissioner or an employee or another agent of the office may: (1) exercise any program of supervision that is approved by the...
(a) The office shall carry out a program to enforce all laws described by one (1) or more of the following: (1) Building laws and related variances and other orders that apply to Class 1...
(a) The office shall issue a design release for: (1) The construction of a Class 1 structure to an applicant who qualifies under section 2 or 3 [IC 22-15-3-2 or IC 22-15-3-3] of this chapter;...
(a) This section applies only to an application for a design release to construct: (1) A Class 1 structure with thirty thousand (30,000) or fewer cubic feet of space; (2) An addition to a...
(a) This section applies to a design release for the fabrication of a model or other series of similar industrialized building systems or mobile structures. (b) To qualify for a design release...
(a) This section does not authorize a variance from any rule adopted by the commission. (b) The rules adopted by the commission do not prevent the use of: (1) Materials; (2) Methods of...
Pending the completion of the review of an application, the office may, with the approval of the office of the state fire marshal, issue: (1) A design release for part of the construction...
(a) This section does not apply to construction that is exempted from this section in the rules adopted by the commission under IC 22-13-4. (b) This section applies to the following: (1) Each...
(a) The office shall certify a mobile structure for sale and use in Indiana for an applicant who qualifies under this section. If an applicant qualifies for certification under this section, the...
The commission may authorize any qualified person to conduct inspections and issue certifications under this chapter. ...
A person who offers to sell or sells for money or other consideration a mobile structure that: (1) Is manufactured after: (A) January 1, 1972, if the mobile structure is designed to be a...
A person who offers to sell or sells a mobile structure that: (1) Was certified by the office under IC 9-8-1.5 (before its repeal on July 1, 1987) or section 2 or 4 [IC 22-15-4-2 or 22-15-4-4]...
(a) The office shall issue a regulated lifting device installation or alteration permit to an applicant who qualifies under this section. (b) To qualify for a permit under this section, an...
A permit issued under section 1 of this chapter is subject to sanctions as provided in IC 22-12-7-7 for any of the following reasons: (1) A false statement or misrepresentation of the material...
A permit granted under section 1 of this chapter expires for the following reasons: (1) The work authorized by the permit has not begun within one (1) year after the date of issuance or within...
(a) This section does not apply to minor construction that is exempted from this section under IC 22-13-4. (b) This section applies to the following: (1) Each person who installs or alters a...
(a) All regulated lifting devices shall be registered under this section. (b) The office shall issue a registration for a regulated lifting device to an applicant who qualifies under this section....
(a) The office shall carry out a program for the periodic inspection of regulated lifting devices being operated in Indiana. A regulated lifting device may not be operated without an operating...
(a) The following definitions apply to sections 7 through 16 [IC 22-15-5-7 through IC 22-15-5-16] of this chapter: (1) Competency examination means an examination that thoroughly tests the...
(a) An individual may not act as an elevator contractor unless the individual: (1) holds an elevator contractor license issued under this chapter; or (2) is an employee of a partnership, a...
(a) An applicant for an initial elevator contractor license must do the following: (1) Submit to the department an application on the form that the department provides. (2) Submit to the...
(a) An application for an elevator contractor license must contain the following information: (1) If the applicant is an individual, the name, business address, telephone number, and electronic...
An individual engaged in the business of an elevator contractor shall carry: (1) the individual's license; or (2) a facsimile of the license of the partnership, corporation, or educational...
(a) An individual may not act as an elevator inspector unless the individual holds an elevator inspector license issued under this chapter. (b) An individual who is an applicant for an elevator...
(a) A temporary elevator mechanic license may be issued by the department upon receipt of the following: (1) A certification by a licensed elevator contractor that the contractor is unable to...
(a) This section does not apply to the following: (1) An individual employed by the following: (A) The state. (B) A county. (C) A municipality. (D) An educational...
(a) This section does not apply to a licensed elevator contractor that is not an individual. (b) To renew a license issued under this licensing program, the license holder must satisfy the...
(a) A practitioner shall comply with the standards established under this licensing program. A practitioner is subject to the exercise of the disciplinary sanctions under subsection (b) if the...
Sections 2 through 3 [IC 22-15-6-2 through IC 22-15-6-3] of this chapter do not apply to any of the following: (1) Any regulated boiler or pressure vessel located on a farm and used solely for...
(a) This section does not apply to a person who uses a regulated boiler or pressure vessel unless the person has authority to: (1) Construct, repair, or maintain the regulated boiler or...
(a) As used in this section, inspection agency means: (1) An insurance company engaged in insuring and inspecting regulated boilers and pressure vessels in Indiana; or (2) An owner or user...
(a) The office shall issue a boiler and pressure vessel inspector license to an applicant who qualifies under this section. (b) To qualify for a license under this section an applicant must:...
(a) The office shall issue a license to act as an owner or user boiler and pressure vessel inspection agency who qualifies under this section. (b) A license issued under this section expires if...
As used in this chapter, applicant or 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...
(a) The office shall issue a regulated amusement device operating permit to an applicant who qualifies under this section. If an applicant qualifies for a permit under this section, an inspector...
(a) The office may not issue a permit under this chapter until the applicant has filed with the office a certificate of insurance indicating that the applicant has liability insurance: (1) in...
(a) This section does not apply to a person who uses a regulated amusement device unless the person has authority to: (1) Construct, repair, or maintain the regulated amusement device; or...
(a) The commission shall adopt rules under IC 4-22-2 to define appropriate training for a person who inspects regulated amusement devices. (b) The rules required under this section must, at a...
(a) A permittee shall, during the permit period, maintain at each location operated by the permittee for each regulated amusement device at the location the following: (1) A current owner's...
In addition to a regularly scheduled inspection of a regulated amusement device, the commission may, upon demand by the commission, inspect a regulated amusement device at any time following:...
A person that knowingly or intentionally operates a regulated amusement device without a valid permit for the regulated amusement device commits a Class A misdemeanor. ...
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