Bill Text: IN HB1207 | 2012 | Regular Session | Enrolled
Bill Title: State civil service system.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Enrolled - Dead) 2012-03-16 - Signed by the Governor [HB1207 Detail]
Download: Indiana-2012-HB1207-Enrolled.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
AN ACT to amend the Indiana Code concerning state offices and administration.
information to other institutions to make their operation more efficient
and economical.
(b) Except as to officers and employees of state educational
institutions, the executive secretary of the governor, the administrative
assistants to the governor, the elected officials, and persons whose
salaries or compensation are fixed by the governor pursuant to law, the
annual compensation of all persons employed by agencies of the state
shall be subject to the approval of the budget agency. Except as
otherwise provided by IC 4-15-1.8 and IC 4-15-2, IC 4-15-2.2, the
budget agency shall establish classifications and schedules for fixing
compensation, salaries and wages of all classes and types of employees
of any state agency or state agencies, and any and all other such
classifications affecting compensation as the budget agency shall deem
necessary or desirable. The classifications and schedules thus
established shall be filed in the office of the budget agency. Requests
by an appointing authority for salary and wage adjustments or personal
service payments coming within such classifications and schedules
shall become effective when approved by, and upon the terms of
approval fixed by, the budget agency. All personnel requests pertaining
to the staffing of programs or agencies supported in whole or in part by
federal funds are subject to review and approval by the state personnel
department under IC 4-15-1.8 and IC 4-15-2. IC 4-15-2.2.
(c) The budget agency shall review and approve, for the sufficiency
of funds, all payments for personal services which are submitted to the
auditor of state for payment.
(d) The budget agency shall review all contracts for personal
services or other services and no contract for personal services or other
services may be entered into by any agency of the state before the
written approval of the budget agency is given. Each demand for
payment submitted by an agency to the auditor of state under these
contracts must be accompanied by a copy of the budget agency
approval. No payment may be made by the auditor of state without
such approval. However, this subsection does not apply to a contract
entered into by:
(1) a state educational institution; or
(2) an agency of the state if the contract is not required to be
approved by the budget agency under IC 4-13-2-14.1.
(e) The budget agency shall review and approve the policy and
procedures governing travel prepared by the department of
administration under IC 4-13-1, before the travel policies and
procedures are distributed.
(f) The budget agency is responsible for reviewing and advising the
governor, as chief executive of the state, or the governor's designee, as
to whether any agreement reached pursuant to public employee
collective bargaining as provided by statute, other than IC 20-29, is
within the money legally available to the state as an employer.
(g) The budget director, or the director's designee, may serve as a
member of the negotiating team selected to represent the state as an
employer in the public employee collective bargaining procedure
pursuant to statute, other than IC 20-29.
(h) (f) The budget agency may adopt such policies and procedures
not inconsistent with law as it may deem advisable to facilitate and
carry out the powers and duties of the agency, including the execution
and administration of all appropriations made by law. IC 4-22-2 does
not apply to these policies and procedures.
(1) be attorneys admitted to the bar of Indiana;
(2) have at least five (5) years of experience practicing administrative or environmental law in Indiana;
(3) be independent of the department of environmental management; and
(4) be subject to all provisions applicable to an administrative law judge under this article.
IC 4-15-2-3.8); or
(3) applicable provisions of the code of judicial conduct.
(c) (b) The director may appoint a special environmental law judge.
The special environmental law judge must meet the requirements of
subsection (a).
appoint a director to be the chief administrative officer of the state
library.
(b) To qualify for the position of director, a person must:
(1) be a graduate of a college or university of recognized
standing;
(2) have had special training in the technique and organization of
library service;
(3) possess such other qualifications as the board, in its discretion,
may deem necessary.
(c) The director may be removed by the board at any time for cause.
(b) To qualify for the position of director, a person must:
(1) be a graduate of a college or university of recognized standing;
(2) have had special training in the nature, relative value and use of historical source material;
(3) have had special training in the editing of historical publications; and
(4) possess such other qualifications as the board, in its discretion, may deem necessary.
only for inefficiency, incompetence, neglect of duty, or other good
cause after having been accorded a hearing by the board upon
reasonable notice of the charge being made against the executive
director. A vote of at least eleven (11) members of the board shall be
necessary for the early termination of said contract of employment. The
executive director shall be selected on the basis of education, training,
and experience and shall have at least ten (10) years experience as an
active law enforcement officer, at least five (5) years of which shall
have been in an executive or administrative capacity. The executive
director shall perform such duties as may be assigned by the board and
shall be the chief administrative officer of the law enforcement
academy. The salary and compensation for the executive director, the
training staff, and employees shall be fixed by the board with the
approval of the governor. The executive director shall establish a table
of organization to be supplemented with job descriptions for each
position subordinate to that of the executive director, all of which shall
be subject to the approval of the board. All persons hired to fill such
approved vacancies shall be selected on the basis of qualifications and
merit based on training, education, and experience. through
competitive examinations except that the filling of all new positions
shall be made so as to maintain in each equivalent position not more
than one-half (1/2) of members of either of the two (2) major political
parties. Employees and members of the training staff shall not be
subject to discharge, demotion, or suspension because of political
affiliation, but may be discharged, demoted, or suspended only for
cause after charges preferred in writing by the executive director. Any
person so discharged or disciplined shall have a right to a hearing
before the board if such person requests a hearing by giving notice to
the executive director within fifteen (15) days after receiving written
notice of discharge or disciplinary action. Procedures shall be
consistent with IC 4-21.5.
(1) the trustees; and
(2) a research and information consortium.
(b) The trustees shall:
(1) evaluate and disseminate to the public information concerning the cost and effectiveness of the criminal and juvenile justice systems;
(2) promote coordination and cooperation for the effective administration of the criminal and juvenile justice systems;
(3) establish plans for the criminal and juvenile justice systems and make recommendations concerning the implementation of these plans;
(4) encourage and assist in the organization of an academic consortium for the purpose of engaging in research;
(5) receive, expend, and account for state funds made available for the purposes of this chapter;
(6) apply for and accept gifts and grants (which must be administered as public funds) made for the purposes of this chapter;
(7) enter into lawful agreements as required as a condition for receiving gifts, grants, or other funds for the purposes of this chapter;
(8) employ a director;
(9) adopt rules, under IC 4-22-2, necessary to carry out the purposes of this chapter; and
(10) promulgate guidelines concerning participation in the research and information consortium.
(c) The research and information consortium is composed of state educational institutions that are engaged in criminal or juvenile justice research under the direction of the trustees. A state or local governmental entity may participate in the consortium. The consortium shall act as an advisory body to the institute and perform other related functions as requested by the trustees.
(d) The trustees shall meet quarterly and at such times as called by the chairman. A majority of the trustees constitutes a quorum for doing business. A majority vote of the trustees is required for passage of any matter put to a vote. The trustees shall establish procedures and requirements with respect to the place and conduct of their meetings.
(e) A trustee is not entitled to the minimum salary per diem as provided in IC 4-10-11-2.1(b) while performing the trustee's duties. A trustee is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the trustee's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the state budget agency.
experience under standards prescribed by the director.
(b) The director, subject to the approval of the governor and the budget agency, shall appoint such staff as necessary to implement this
chapter.
(c) The salary of the director is subject to the approval of the
governor and the budget agency. Salaries of the staff are subject to the
approval of the state personnel department and the budget agency. The
provisions of IC 4-15-2 IC 4-15-2.2 apply to the staff of the
commission.
(1) apply to an otherwise lawful investigation concerning organized crime activities; or
(2) prohibit, restrict, or prevent the exchange of information if a person is being investigated for multiple violations of IC 6-2.5 (state gross retail and use taxes).
(b) As used in this section, "investigation" means an oral or written inquiry directed to a person, organization, or governmental entity.
(c) As used in this section, "surveillance" means the monitoring of a person, place, or event by:
(1) electronic interception;
(2) overt or covert observations;
(3) photography; or
(4) the use of informants.
(d) The commissioner or an employee of the department may not knowingly authorize, require, or conduct:
(1) an investigation; or
(2) a surveillance;
unless the purpose of the investigation or surveillance is reasonably related to the administration of a listed tax.
(b) The commissioner shall assign an adequate number of personnel to the divisions created by this chapter to perform their required functions.
examination which tests their fitness for and knowledge of the area in
which they will be working. The department shall give the
examinations at stated periods during the year after making
announcements of the examinations through the news media. In
addition, the commissioner, to the best of the commissioner's ability,
and without impairing the quality of the divisions' staff, must assign the
personnel so that no more than one-half (1/2) of the personnel are
members of the same political party.
(c) The commissioner shall appoint a separate administrator and a
deputy administrator to administer the operation of the division of
audit. The administrator and the deputy administrator must have
different political affiliations. However, the administrator and deputy
administrator of the division of audit must each have at least five (5)
years of audit experience and must each have met the examination
qualifications required of all division of audit employees.
(d) This subsection applies to the division of audit. The
commissioner shall divide the state into not more than twelve (12)
audit districts. The commissioner may appoint district managers to
manage one (1) or more of those audit districts. Each district manager
must be proficient in auditing the various listed taxes, must have at
least five (5) years of audit experience, and must have met the
examination qualifications required of all division of audit employees.
(e) The commissioner shall appoint an administrator and two (2)
deputy administrators to administer the operation of the special tax
division. The two (2) deputy administrators must have different
political affiliations. The administrator of the special tax division shall
assign and supervise staff to perform the division's audit function in
each of the districts prescribed by subsection (d).
(f) The commissioner may appoint persons from the division of
audit or the special tax division to the position of senior field auditor
when those persons have demonstrated a proficiency in auditing the
various taxes administered by their respective division. Senior field
auditors shall be primarily responsible for audits done on a statewide
basis or for audits done out of the state and shall also perform such
other duties as the commissioner requests. Before a person may be
appointed as a senior field auditor, the person must either:
(1) have at least five (5) years of audit experience in the division;
(2) be a certified public accountant; or
(3) have performed duties similar to those of a senior field auditor
for the federal government or another state for a period of at least
ten (10) years.
The state personnel department shall establish and the budget agency
shall approve an adequate number of senior field auditor positions to
perform the functions required under this subsection.
(g) No employee of the divisions created by this chapter may be
required to perform any political activity as a condition for getting or
keeping the employee's position or as a condition for receiving
promotions or salary increases.
(h) The commissioner and the budget agency shall set the
compensation for the staff provided by this chapter.
(a) to establish a state plan for rail transportation and local rail services;
(b) to administer and coordinate the state plan;
(c) to provide in the plan for the equitable distribution of federal rail service continuation subsidies among state, local, and regional transportation authorities;
(d) to promote, supervise, and support safe, adequate, and efficient rail services;
(e) to employ sufficient trained and qualified personnel for these purposes;
(f) to maintain adequate programs of investigation, research, promotion, and development in connection with such purposes and to provide for public participation therein;
(g) to provide satisfactory assurances on behalf of the State that such fiscal control and fund accounting procedures will be adopted by the State as may be necessary to assure proper disbursement of and account for federal funds paid to the State as rail service continuation subsidies;
(h) to comply with the regulations of the Secretary of Transportation of the United States Department of Transportation affecting federal rail service continuation programs; and
(i) to do all things otherwise necessary to maximize federal assistance to the State under Title IV of the Federal Regional Rail Reorganization Act of 1973.
employment subject to this section.
(b) All employees of the department whose duties require
specialized knowledge or skill, acquired by professional or technical
education, training, and experience:
(1) shall be employed solely on the basis of ability, taking into
account their qualifications to perform the duties of their
positions;
(2) shall be employed regardless of political affiliation;
(3) may not be appointed, promoted, reduced, removed, or in any
way favored or discriminated against because of their political
affiliation, race, religion, color, sex, national origin, or ancestry;
(4) are ineligible to hold, or be a candidate for, elected office (as
defined in IC 3-5-2-17) while employed by the department, except
as provided in subsection (h);
(5) may not solicit or receive political contributions;
(6) may not be required to make contributions for or participate
in political activities;
(7) shall be employed on a six (6) month probationary period,
with a written evaluation prepared after five (5) months of service
by their immediate supervisor for the commissioner to determine
if employment should continue beyond the probationary period;
and
(8) shall be evaluated annually in writing by their immediate
supervisor for the purpose of advising the commissioner as to
whether the employees should remain in their positions.
(c) Highway district managers are and subdistrict superintendents
are not subject to subsection (b). A person may not be employed by the
department as a highway subdistrict superintendent unless the person
has received training or experience in maintaining or constructing
roads, highways, and bridges. Highway subdistrict superintendents
shall devote full time to the performance of their duties. Highway
district managers serve at the pleasure of the commissioner but upon
reassignment shall be retained in a position of equal or higher job
classification within the department. However, the employee may elect
to serve in the next lower job classification within the same district.
(d) The appointment or dismissal of the chief highway engineer for
the department is at the discretion of the commissioner. The chief
highway engineer must be a registered professional engineer and must
be a graduate civil engineer or have at least ten (10) years of
experience in highway engineering.
(e) All employees of the department are subject to IC 4-15-1.8 and
the rules that implement IC 4-15-1.8.
(1) with the approval of the board;
(2) within the limits of any appropriation made available for the purpose; and
(3) subject to section 14 of this chapter;
shall appoint personnel to the ranks, grades, and positions of the department that the superintendent considers necessary for the efficient administration of the department.
(1) devise and administer examinations designed to test applicants;
(2) appoint only those applicants who best meet the prescribed standards and prerequisites.
(1) be a candidate for elected office or a political party office if permitted under 5 U.S.C. 1502 and serve in that office if elected;
(2) be appointed to or selected for a pro tempore appointment to any office and serve in that office if appointed or selected; and
(3) if the employee is not on duty, solicit votes and campaign funds and challenge voters for the office for which the person is a candidate.
An employee may serve in a part-time local elected office. However, service in a part-time local elected office must be in accordance with IC 4-2-6 and the rules and employee policies of the department. If elected to other than a part-time local elected office, the employee or appointee shall resign as an employee or appointee before assuming elected office.
(1) is the executive and administrative head of the Indiana department of veterans' affairs; and
(2) shall direct and supervise the administrative and technical activities of the department;
subject to the general supervision of the commission.
(b) The duties of the director include the following:
(1) To attend all meetings of the commission and to act as secretary and keep minutes of the commission's proceedings.
(2) To appoint
(3) To carry out the program for veterans' affairs as directed by the governor and the commission.
(4) To carry on field direction, inspection, and coordination of county and city service officers as provided in this chapter.
(5) To prepare and conduct service officer training schools with the voluntary aid and assistance of the service staffs of the major veterans' organizations.
(6) To maintain an information bulletin service to county and city service officers for the necessary dissemination of material pertaining to all phases of veterans' rehabilitation and service work.
(7) To perform the duties described in IC 10-17-11 for the Indiana state veterans' cemetery.
(8) To perform the duties described in IC 10-17-12 for the military family relief fund.
(9) To establish a program and set guidelines under which a medal of honor awardee may receive compensation when attending and participating in official ceremonies.
(b) The commissioner shall determine which state owned or operated correctional facilities need, for effective management, administration by a superintendent. The commissioner shall appoint a superintendent for each correctional facility. However, the commissioner may appoint a person as superintendent of two (2) or more facilities if the commissioner finds that it would be economical to do so and would not adversely effect the management of the facilities.
(c) Except as provided in subsection (d), a superintendent must hold at least a bachelor's degree from an accredited college or university.
(d) If a superintendent does not hold at least a bachelor's degree from an accredited college or university, the superintendent must have at least ten (10) years of experience in public safety work.
(e) In addition to the requirements described in subsections (c) and (d), a superintendent must have held a management position in correctional or related work for a minimum of five (5) years. A superintendent is entitled to a salary to be determined by the budget agency with the approval of the governor.
(f) If a superintendent position becomes vacant, the commissioner may appoint an acting superintendent to discharge the duties and powers of a superintendent on a temporary basis.
may be determined by the department and the personnel division.
department.
(e) (c) The department shall conduct a training program on cultural
diversity awareness that must be a required course for each employee
of the department who has contact with incarcerated persons.
(f) (d) The department shall provide six (6) hours of training to
employees who interact with persons with mental illness, addictive
disorders, mental retardation, and developmental disabilities
concerning the interaction, to be taught by persons approved by the
secretary of family and social services, using teaching methods
approved by the secretary of family and social services and the
commissioner. The commissioner or the commissioner's designee may
credit hours of substantially similar training received by an employee
toward the required six (6) hours of training.
(g) (e) The department shall establish a correctional officer training
program with a curriculum, and administration by agencies, to be
determined by the commissioner. A certificate of completion shall be
issued to any person satisfactorily completing the training program. A
certificate may also be issued to any person who has received training
in another jurisdiction if the commissioner determines that the training
was at least equivalent to the training program maintained under this
subsection.
(b) To qualify for membership a person must:
(1) hold at least a bachelor's degree from an accredited college or university; or
(2) have at least ten (10) years of law enforcement experience;
and must have the skill, training, or experience to analyze questions of law, administration, and public policy. Members shall devote full time to their duties, and are entitled to a salary to be determined by the state
budget agency with the approval of the governor. The governor shall
designate one (1) of the members to serve as chairman.
IC 12-19 or by an administrative rule, with the approval of the director
of the division.
(b) The division, for personnel performing activities described in
subsection (a), shall determine the compensation of the assistants
within the salary ranges of the pay plan adopted by the state personnel
department and approved by the budget agency, with the advice of the
budget committee, and within lawfully established appropriations.
(1) Establish and maintain all necessary offices.
protection of the legal and human rights of individuals with a
developmental disability, individuals with a mental illness, and
individuals who are seeking or receiving vocational rehabilitation
services.
(4) (3) Enter into contractual relationships and sue and be sued in
the name of the services.
(5) (4) Apply for, solicit, and accept contributions or grants of
money, property, or services made by gift, devise, bequest, grant,
or other means from any source that the commission considers
best to assist the services in performing its purpose.
(6) (5) Provide information and referral services.
(7) (6) Adopt rules under IC 4-22-2 to do the following:
(A) Establish and operate local protection and advocacy
service units.
(B) Operate the service.
(C) Perform the commission's duties.
(8) (7) Ensure full participation in the electoral process in
individuals with disabilities, including registering to vote, casting
a vote, and accessing polling places, in accordance with 42 U.S.C.
15461 through 15462.
both positions share the higher of the two (2) wage and salary
schedules for these positions existing on April 1, 2008. For pay periods
beginning after June 30, 2008, the department shall increase the wages
and salaries of all district foresters and natural sciences managers to
bring the wages and salaries into conformity with the salary and wage
schedules required by this section.
(b) The commission shall create a division of hearings. The division of hearings shall assist the commission in performing the functions of this section. The director of the division of hearings may appoint a special administrative law judge.
(c) A person who is not appointed by:
(1) the director of the division of hearings; or
(2) the commission;
may not act as an administrative law judge.
2012]. Sec. 6. The commission may choose an individual for
employment for a probationary period of one (1) year.
board, and the employee may not be removed until after the hearing has
been held and the board has made a decision.
(c) A merit employee may be removed under IC 4-15-2.
institution is located, without regard to whether the school corporation
in which the special institution is located remains the largest school
corporation in the county.
(b) The executive appointee must have the following qualifications:
(1) Be an educator with knowledge, skill, and ability in the appointee's profession.
(2) Have at least five (5) years experience in instruction of students with visual impairment disabilities.
(3) Have a master's degree or a higher degree.
(4) Meet the qualifications for an Indiana teacher's certificate in the area of visual impairment disabilities.
(5) Have at least five (5) years experience supervising other individuals.
(b) The executive appointee must have the following qualifications:
(1) Be an educator with knowledge, skill, and ability in the
appointee's profession.
(2) Have at least five (5) years experience in instruction of
students with hearing impairment disabilities.
(3) Have a master's degree or a higher degree.
(4) Meet the qualifications for an Indiana teacher's certificate in
the area of hearing impairment disabilities.
(5) Have at least five (5) years experience supervising other
individuals.
(b) The commissioner of labor:
(1) shall be the administrative and executive officer of the department of labor;
(2) shall supervise and direct the work of the department;
(3) shall have immediate charge of the administration and enforcement of all the laws and rules that the department is required by law to enforce and administer;
(4) shall have general charge of all inspections and investigations; and
(5) shall perform such other duties as may be prescribed in this chapter.
(c) The commissioner shall adopt and use an official seal for the authentication of the orders and records of the department.
(d) Before entering upon the discharge of
(1) execute a bond, payable to the state in such amount and with such sureties as shall be approved by the governor, conditioned for the faithful discharge of
(2) take and subscribe an oath, which shall be endorsed upon
and the bond and oath when so executed shall be filed in the office of the secretary of state.
appointed commissioner of labor shall be considered for all purposes
as being on leave of absence during the period of service as
commissioner of labor.
(d) In case any employer or labor organization fails or refuses to
comply with this chapter, the judge of the circuit court of the circuit in
which the employer maintains a place of business shall have power,
upon the filing of an appropriate pleading by the individual entitled to
the benefits of this chapter, to specifically require the employer or labor
organization to comply with this chapter, and, as an incident thereto to
compensate the individual for any loss of wages or benefits suffered by
reason of the employer's or labor organization's unlawful action.
person may have for the particular position involved regardless of his
academic training. Promotions, suspensions, and removal of persons
appointed from such lists shall be in accordance with IC 4-15-2. The
reasonable and necessary traveling expenses of each employee of the
commission while actually engaged in the performance of duties in
behalf of the commission shall be paid in accordance with the state
travel policies and procedures established by the Indiana department
of administration and approved by the budget agency.
(c) (b) Except as it concerns judicial review, the commission may
adopt rules under IC 4-22-2 to implement this chapter.
(d) (c) The commission shall formulate policies to effectuate the
purposes of this chapter and make recommendations to agencies and
officers of the state or local subdivisions thereof to effectuate such
policies. The several departments, commissions, divisions, authorities,
boards, bureaus, agencies, and officers of the state or any political
subdivision or agency thereof shall furnish the commission, upon its
request, all records, papers, and information in their possession relating
to any matter before the commission.
(e) (d) The commission shall receive and investigate complaints
alleging discriminatory practices. The commission shall not hold
hearings in the absence of a complaint. All investigations of complaints
shall be conducted by staff members of the civil rights commission or
their agents.
(f) (e) The commission may create such advisory agencies and
conciliation councils, local or statewide, as will aid in effectuating the
purposes of this chapter. The commission may itself, or it may
empower these agencies and councils to:
(1) study the problems of discrimination in the areas covered by
section 2 of this chapter when based on race, religion, color, sex,
handicap, national origin, or ancestry; and
(2) foster through community effort, or otherwise, good will
among the groups and elements of the population of the state.
These agencies and councils may make recommendation to the
commission for the development of policies and procedures in general.
Advisory agencies and conciliation councils created by the commission
shall be composed of representative citizens serving without pay, but
with reimbursement for reasonable and necessary actual expenses.
(g) (f) The commission may issue such publications and such results
of investigations and research as in its judgment will tend to promote
good will and minimize or eliminate discrimination because of race,
religion, color, sex, handicap, national origin, or ancestry.
(h) (g) The commission shall prevent any person from discharging,
expelling, or otherwise discriminating against any other person because
he the person filed a complaint, testified in any hearing before this
commission, or in any way assisted the commission in any matter under
its investigation.
(i) (h) The commission may hold hearings, subpoena witnesses,
compel their attendance, administer oaths, take the testimony of any
person under oath, and require the production for examination of any
books and papers relating to any matter under investigation or in
question before the commission. The commission may make rules as
to the issuance of subpoenas by individual commissioners. Contumacy
or refusal to obey a subpoena issued under this section shall constitute
a contempt. All hearings shall be held within Indiana at a location
determined by the commission. A citation of contempt may be issued
upon application by the commission to the circuit or superior court in
the county in which the hearing is held or in which the witness resides
or transacts business.
(j) (i) The commission may appoint administrative law judges other
than commissioners, when an appointment is deemed necessary by a
majority of the commission. The administrative law judges shall be
members in good standing before the bar of Indiana and shall be
appointed by the chairman of the commission. An administrative law
judge appointed under this subsection shall have the same powers and
duties as a commissioner sitting as an administrative law judge.
However, the administrative law judge may not issue subpoenas.
(k) (j) The commission shall state its findings of fact after a hearing
and, if the commission finds a person has engaged in an unlawful
discriminatory practice, shall cause to be served on this person an order
requiring the person to cease and desist from the unlawful
discriminatory practice and requiring the person to take further
affirmative action as will effectuate the purposes of this chapter,
including but not limited to the power:
(A) to restore complainant's losses incurred as a result of
discriminatory treatment, as the commission may deem necessary
to assure justice; however, this specific provision when applied to
orders pertaining to employment shall include only wages, salary,
or commissions;
(B) to require the posting of notice setting forth the public policy
of Indiana concerning civil rights and respondent's compliance
with the policy in places of public accommodations;
(C) to require proof of compliance to be filed by respondent at
periodic intervals; and
(D) to require a person who has been found to be in violation of
this chapter and who is licensed by a state agency authorized to
grant a license to show cause to the licensing agency why his
license should not be revoked or suspended.
(l) (k) Judicial review of a cease and desist order or other
affirmative action as referred to in this chapter may be obtained under
IC 22-9-8. If no proceeding to obtain judicial review is instituted within
thirty (30) days from receipt of notice by a person that an order has
been made by the commission, the commission, if it determines that the
person upon whom the cease and desist order has been served is not
complying or is making no effort to comply, may obtain a decree of a
court for the enforcement of the order in circuit or superior court upon
showing that the person is subject to the commission's jurisdiction and
resides or transacts business within the county in which the petition for
enforcement is brought.
(m) (l) If, upon all the evidence, the commission shall find that a
person has not engaged in any unlawful practice or violation of this
chapter, the commission shall state its findings of facts and shall issue
and cause to be served on the complainant an order dismissing the
complaint as to the person.
(n) (m) The commission may furnish technical assistance requested
by persons subject to this chapter to further compliance with this
chapter or with an order issued thereunder.
(o) (n) The commission shall promote the creation of local civil
rights agencies to cooperate with individuals, neighborhood
associations, and state, local, and other agencies, both public and
private, including agencies of the federal government and of other
states.
(p) (o) The commission may reduce the terms of conciliation agreed
to by the parties to writing (to be called a consent agreement) that the
parties and a majority of the commissioners shall sign. When signed,
the consent agreement shall have the same effect as a cease and desist
order issued under subsection (k). (j). If the commission determines
that a party to the consent agreement is not complying with it, the
commission may obtain enforcement of the consent agreement in a
circuit or superior court upon showing that the party is not complying
with the consent agreement and the party is subject to the commission's
jurisdiction and resides or transacts business within the county in
which the petition for enforcement is brought.
(q) (p) In lieu of investigating a complaint and holding a hearing
under this section, the commission may issue an order based on
findings and determinations by the federal Department of Housing and
Urban Development or the federal Equal Employment Opportunity
Commission concerning a complaint that has been filed with one (1) of
these federal agencies and with the commission. The commission shall
adopt by rule standards under which the commission may issue such an
order.
(r) (q) Upon notice that a complaint is the subject of an action in a
federal court, the commission shall immediately cease investigation of
the complaint and may not conduct hearings or issue findings of fact or
orders concerning that complaint.
(b) If the court finds that a discriminatory practice has occurred the court may grant the relief allowed under
(c) A civil action filed under this section must be tried by the court without benefit of a jury.
(b) The commissioner is authorized to attend and participate in the meetings of the national convention of insurance commissioners and of the committees thereof and
actuaries, and assistants as he that the commissioner may designate
to attend and participate in such meetings. If he the commissioner
deems it advisable, he the commissioner may request the attorney
general or a deputy attorney general to attend and participate in such
meetings. with him. He The commissioner and his the deputies,
actuaries, assistants, and attorneys as aforesaid of the department of
insurance shall aid in promoting improvements in the insurance laws
and the uniformity thereof in the several states. The expense of such
attendance by the commissioner, and his the deputies, actuaries,
assistants, and attorneys as aforesaid shall be paid by the state treasurer
treasurer of state upon the warrant of the commissioner certifying
therein that he the commissioner has examined and approved the
charges for such expenses.
than the commissioner, shall be fixed by the commissioner with
approval of the governor and budget agency. The commissioner shall
have the power at any time to terminate the services of any employee
of the department for inefficiency, incompetency or neglect of or
failure to perform his duties.
(1) To provide supplemental funding for the operations of the department of insurance.
(2) To pay the costs of hiring and employing staff.
(b) The fund shall be administered by the commissioner. The following shall be deposited in the department of insurance fund:
(1) Audit fees remitted by insurers to the commissioner under section 15(d) of this chapter.
(2) Filing fees remitted by insurers to the commissioner under section 15(a) or 15(e) of this chapter.
(3) Any other amounts remitted to the commissioner or the department that are required by rule or statute to be deposited into the department of insurance fund.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a particular fiscal year does not revert to the state general fund.
(f) There is annually appropriated to the department of insurance,
for the purposes set forth in subsection (a), the entire amount of money
deposited in the fund in each year.
IC 4-1-10-8 (Concerning state agencies).
IC 4-1-10-9 (Concerning state agencies).
IC 4-2-6-13 (Concerning state officers).
IC 4-2-6-14 (Concerning state officers).
IC 4-2-7-8 (Concerning the inspector general).
IC 4-4-27-8 (Concerning the inspection of grain).
IC 4-11-1-6 (Concerning certain loans and mortgages).
IC 4-13-1.2-11 (Concerning the department of correction ombudsman).
IC 4-13-4.1-4 (Concerning the department of administration).
IC 4-13-19-11 (Concerning the department of child services ombudsman).
IC 4-13.6-4-14 (Concerning state public works).
IC 4-15-10-4 (Concerning certain state employee reports).
IC 4-21.5-3-36 (Concerning administrative proceedings).
IC 4-21.5-3-37 (Concerning administrative proceedings).
IC 4-30-3-19 (Concerning the lottery).
IC 4-30-3-19.5 (Concerning the lottery).
IC 4-30-3-19.7 (Concerning the lottery).
IC 4-30-12-5 (Concerning the lottery).
IC 4-30-13-1 (Concerning the lottery).
IC 4-30-14-1 (Concerning the lottery).
IC 4-30-14-2 (Concerning the lottery).
IC 4-30-14-3 (Concerning the lottery).
IC 4-30-14-4 (Concerning the lottery).
IC 4-30-14-5 (Concerning the lottery).
IC 4-30-14-6 (Concerning the lottery).
IC 4-31-13-3 (Concerning horse racing).
IC 4-31-13-3.5 (Concerning horse racing).
IC 4-31-13-9 (Concerning
IC 4-32.2-8-4 (Concerning charity gaming).
IC 4-33-10-1 (Concerning riverboat gambling).
IC 4-33-10-2 (Concerning riverboat gambling).
IC 4-33-10-2.1 (Concerning riverboat gambling).
IC 4-33-10-2.5 (Concerning riverboat gambling).
IC 4-33-22-14 (Concerning boxing and mixed martial arts).
IC 4-33-22-40 (Concerning boxing and mixed martial arts).
IC 4-35-9-2 (Concerning gambling games at racetracks).
IC 4-35-9-3 (Concerning gambling games at racetracks).
IC 4-35-9-4 (Concerning gambling games at racetracks).
IC 4-35-9-5 (Concerning gambling games at racetracks).
IC 4-36-6-5 (Concerning gambling in certain establishments).
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned
