Ind. Code ch. 14-10-2

Ind. Code ch. 14-10-2
in effect

Ind. Code § 14-10-2-0.3 Transfer of power to establish fees; treatment of rules

Sec. 0.3. On May 13, 2005, the powers of the department to establish fees are transferred to the commission. After May 13, 2005, the commission may exercise any power delegated to the department to establish fees, and a rule of the department that establishes a fee for any of the following shall be treated as a rule of the commission: (1) Programs of the department or the commission. (2) Facilities owned or operated by the department, the commission, or a lessee of the department or the commission. (3) Licenses issued by the commission, the department, or the director of the department. (4) Inspections or other similar services under this title performed by the department or an assistant or employee of the department. As added by P.L.220-2011, SEC.291.

Ind. Code § 14-10-2-1 Powers of commission

Sec. 1. (a) The commission may do the following: (1) Take the action that is necessary to enable the state to participate in the programs set forth in 16 U.S.C. 470 et seq. (2) Promulgate and maintain a state register of districts, sites, buildings, structures, and objects significant in American or Indiana history, architecture, archeology, and culture and expend money for the purpose of preparing comprehensive statewide historic surveys and plans, in accordance with criteria established by the commission, that comply with the standards and regulations promulgated by the United States Secretary of the Interior for the preservation, acquisition, and development of the properties. (3) Establish in accordance with criteria established by the United States Secretary of the Interior a program of matching grants-in-aid to public agencies for projects having as their purpose the preservation for public benefit of properties that are significant in American or Indiana history, architecture, archeology, and culture. (4) Accept grants from public and private sources, including those provided under 16 U.S.C. 470 et seq. (5) Establish fees for the following: (A) Programs of the department or the commission. (B) Facilities owned or operated by the department or the commission or a lessee of the department or commission. (C) Licenses and permits issued by the commission, the department, or the director. (D) Inspections or other similar services under this title performed by the department or an assistant or employee of the department. (6) Adopt rules under IC 4-22-2 for the establishment of fees under subdivision (5). (7) Increase a fee for a license or permit that is specified as a minimum fee in a statute. (b) Fees established or increased under subsection (a)(5)(B) do not constitute a rule (as defined in IC 4-22-2-3). [Pre-1995 Recodification Citation: 14-3-3-3.5.] As added by P.L.1-1995, SEC.3. Amended by P.L.246-2005, SEC.115; P.L.195-2017, SEC.3; P.L.164-2024, SEC.6.

Ind. Code § 14-10-2-2 Repealed

[Pre-1995 Recodification Citation: 14-3-3-3(e).] As added by P.L.1-1995, SEC.3. Amended by P.L.99-2005, SEC.4; P.L.100-2012, SEC.41. Repealed by P.L.92-2025, SEC.14.

Ind. Code § 14-10-2-2.5 Consolidated proceedings

Sec. 2.5. (a) A person who is the party in a hearing under this title or IC 4-15-10.5 may move to have the administrative law judge appointed under IC 4-15-10.5 consolidate multiple proceedings that are subject to the jurisdiction of the office of administrative law proceedings. (b) An administrative law judge shall grant the motion made under subsection (a) if the following findings are made: (1) The proceedings include the following: (A) Common questions of law or fact. (B) At least one (1) person, other than the department or the department of environmental management, who is a party to all the proceedings. (C) Issues of water quality, water quantity, or both. (2) Consolidation may support administrative efficiency. (c) If a motion to consolidate proceedings is granted under subsection (b), the hearing must be conducted by a panel that consists of at least two (2) administrative law judges. The panel is the ultimate authority for matters authorized under IC 4-15-10.5 and this title. Any party to an action under this section may petition an appropriate court for judicial review of a final determination of the panel under IC 4-21.5-5. (d) The office of administrative law proceedings shall adopt rules to implement this section. As added by P.L.84-2008, SEC.3. Amended by P.L.128-2024, SEC.34; P.L.1-2025, SEC.178; P.L.92-2025, SEC.15.

Ind. Code § 14-10-2-3 Repealed

[Pre-1995 Recodification Citation: 14-3-3-21(a).] As added by P.L.1-1995, SEC.3. Amended by P.L.84-2008, SEC.4. Repealed by P.L.92-2025, SEC.16.

Ind. Code § 14-10-2-4 Adoption of rules

Sec. 4. (a) The commission shall adopt rules under IC 4-22-2 to carry out the commission's duties under this title. (b) The commission may adopt rules to exempt an activity from licensing under this title, except: (1) IC 14-34; (2) IC 14-36-1; and (3) IC 14-38-2; if the activity poses not more than a minimal potential for harm. (c) Except as provided in subsection (d), whenever the department or the director has the authority to adopt rules under IC 4-22-2, the commission shall exercise the authority in coordination with the department. (d) Interim rules under section 5 of this chapter and IC 4-22-2-37.2, or provisional rules under IC 4-22-2-37.1, shall be adopted by the director. (e) A person who violates a rule adopted by the commission commits a Class C infraction, unless otherwise specified under state law. [Pre-1995 Recodification Citation: 14-3-3-21(b), (c).] As added by P.L.1-1995, SEC.3. Amended by P.L.164-2020, SEC.46; P.L.93-2024, SEC.119; P.L.92-2025, SEC.17.

Ind. Code § 14-10-2-5 Rules

Sec. 5. (a) The department may adopt rules under IC 4-22-2 to carry out the duties of the department under the following: (1) IC 14-9. (2) This article. (3) IC 14-11. (4) IC 14-12-2. (5) IC 14-14. (6) IC 14-15. (7) IC 14-17-3. (8) IC 14-18, except IC 14-18-6 and IC 14-18-8. (9) IC 14-19-1 and IC 14-19-8. (10) IC 14-21. (11) IC 14-22-3, IC 14-22-4, and IC 14-22-5. (12) IC 14-23-1. (13) IC 14-24. (14) IC 14-25, except IC 14-25-8-3 and IC 14-25-13. (15) IC 14-26. (16) IC 14-27. (17) IC 14-28. (18) IC 14-29. (19) IC 14-35-1, IC 14-35-2, and IC 14-35-3. (20) IC 14-37. (21) IC 14-38, except IC 14-38-3. (22) IC 14-39. (b) An emergency rule adopted under subsection (a) (as effective before July 1, 2023) expires not later than one (1) year after the rule is accepted for filing by the publisher of the Indiana Register. (c) A person who violates: (1) an emergency rule adopted by the department under IC 4-22-2-37.1 before July 1, 2023; or (2) a rule adopted by the department under IC 4-22-2 after June 30, 2023; to carry out a provision described in subsection (a) commits a Class C infraction, unless otherwise specified under state law. [Pre-1995 Recodification Citation: 14-3-3-26.] As added by P.L.1-1995, SEC.3. Amended by P.L.186-2003, SEC.34; P.L.123-2006, SEC.32; P.L.140-2011, SEC.2; P.L.167-2011, SEC.13; P.L.133-2012, SEC.172; P.L.195-2017, SEC.4; P.L.154-2019, SEC.1; P.L.164-2020, SEC.47; P.L.158-2023, SEC.1; P.L.249-2023, SEC.69; P.L.93-2024, SEC.120.

Ind. Code § 14-10-2-6 Notices of violation

Sec. 6. (a) The commission may issue a notice of violation to a person who violates a law administered by the department for which a misdemeanor or an infraction penalty is established. If the person: (1) receives the notice; and (2) fails to abate the violation within a period of not less than fifteen (15) days specified in the notice; the commission may impose a charge that does not exceed the maximum amount that may be assessed by a court for committing the violation. (b) IC 4-21.5 applies to proceedings by the commission under this section. The department has the burden of proving the alleged violation by a preponderance of the evidence. (c) A separate notice of violation may be issued or a separate charge imposed for each day a violation occurs. (d) The person may establish as an affirmative defense the filing by a prosecuting attorney of a misdemeanor information or infraction complaint based on the same event as that upon which the notice of violation was based. The person has the burden of proving the affirmative defense. (e) The remedy provided by this section is supplemental to other remedies and subject to administrative adjudication under IC 4-21.5. [Pre-1995 Recodification Citation: 14-3-3-22.] As added by P.L.1-1995, SEC.3. Amended by P.L.92-2025, SEC.18.

Ind. Code § 14-10-2-7 Treatment of certain rules

Sec. 7. Any rule: (1) adopted by the director of the department of natural resources under IC 14-2 (before its repeal); and (2) in effect on June 30, 1990; shall be treated after June 30, 1990, as a rule adopted by the natural resources commission. As added by P.L.220-2011, SEC.292.

Ind. Code § 14-10-2-8 Administrative adjudication

Sec. 8. A determination of the commission is subject to administrative adjudication under IC 4-21.5. As added by P.L.92-2025, SEC.19.

Ind. Code § 14-10-2-9 Requirements for judicial review of a final agency action

Sec. 9. (a) A person who wishes to obtain judicial review of a final agency action under this title must serve copies of a petition for judicial review upon: (1) each person described in IC 4-21.5-5-8; and (2) the following persons under IC 4-21.5-5-8(a)(4): (A) If the department or the state historic preservation review board is a party to a proceeding, a copy of the petition required under IC 4-21.5-5-8(a)(4) must be served upon the department or state historic preservation review board, as applicable, to the address published on the website of the department. (B) If the Indiana board of licensure for professional geologists is a party to a proceeding, a copy of the petition required under IC 4-21.5-5-8(a)(4) must be served upon the Indiana board of licensure for professional geologists at the address published on the website of the state geologist. (C) If the Indiana board of registration for soil scientists is a party to a proceeding, a copy of the petition required under IC 4-21.5-5-8(a)(4) must be served upon the Indiana board of registration for soil scientists to the address published on the website of the office of the state chemist. (b) The following agencies shall publish their office address on their official website so a person may serve copies of judicial review: (1) The department. (2) The state geologist. (3) The office of the state chemist. As added by P.L.123-2026, SEC.17.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/14Fetched: 10/17/2026