Indiana § 16-20-5-8 - Fees and fines; collection; records

§ 16-20-5-8. Fees and fines; collection; records

Sec. 8. Fees and fines collected by the area board of health shall be collected by a person designated by the area board of health. Accurate records shall be kept of all fees and fines collected.

[Pre-1993 Recodification Citation: 16-1-7.5-7.]

As added by P.L.2-1993, SEC.3.

IC 16-20-5.5Chapter 5.5. Appeal of Local Health Enforcement Actions

16-20-5.5-1"Legislative body" 16-20-5.5-2Appeal of enforcement action to legislative body; filing requirements 16-20-5.5-3Determination by legislative body whether to hear appeal; development of procedures; timing 16-20-5.5-4Appellant present at hearing; continuance does not affect timing requirements 16-20-5.5-5Issuance of written decision for appeal; appealable

IC 16-20-5.5-1"Legislative body" Sec. 1. As used in this chapter, "legislative body" means the following:

(1) Except as provided in subdivision (2):

(A) the board of county commissioners, for a county that operates a local board of health under IC 16-20-2; or

(B) the board of county commissioners in the county where the person or property that is the subject of the enforcement action is located, if the county participates in a multiple county health department under IC 16-20-3.

(2) The county council for a county that is subject to IC 36-2-3.5.

(3) The common council, for a city (as defined in IC 36-1-2-3) that operates a city health department under IC 16-20-4.

As added by P.L.219-2021, SEC.10.

IC 16-20-5.5-2Appeal of enforcement action to legislative body; filing requirements Sec. 2. (a) A recipient may appeal to the legislative body an enforcement action issued or taken by a local board of health or local health officer under IC 16-20-1 in response to:

(1) a declared local public health emergency determined by a local health department or local health officer; or

(2) a disaster emergency declared by the governor under IC 10-14-3-12;

in a manner prescribed by the legislative body.

(b) In order to make an appeal under this chapter, the recipient of the enforcement action must file the appeal with the legislative body not later than seven (7) days from the issuance of the enforcement action. Upon the proper filing of an appeal under this section by a recipient, the legislative body may stay the enforcement action until final disposition of the appeal.

As added by P.L.219-2021, SEC.10.

IC 16-20-5.5-3Determination by legislative body whether to hear appeal; development of procedures; timing Sec. 3. (a) The legislative body shall determine whether to hear an appeal filed under section 2 of this chapter not later than fifteen (15) days from the filing of the appeal and may issue a denial of an appeal at any time after the filing of the appeal. Any appeal granted consideration by the legislative body must be heard at a public meeting of the legislative body held not later than fifteen (15) days after the date that the legislative body determines to hear the appeal.

(b) The legislative body shall develop procedures for the review, consideration, and hearing of an appeal filed under this chapter. The procedures must include the following:

(1) Standards for evaluating an enforcement action appealed under this chapter.

(2) A procedure for consolidating appeals if there are at least two (2) appeals filed:

(A) from the same order; or

(B) involving a common question of law and fact.

(3) Written notice to the appellant and the local board of health or local health officer that issued the enforcement action of the appeal of that action, and the date, time, and location of any hearing concerning the appeal.

(4) Procedures for the sharing of information between parties and the legislative body concerning the circumstances resulting in the enforcement action.

(5) The order of the proceedings.

(6) The issuance of a ruling on the appeal following the public hearing by the legislative body not later than fifteen (15) days from the date of the hearing.

(7) The maintenance of records concerning a request for appeal and any documentation resulting from the investigation and hearing of the appeal.

(c) The following apply unless the legislative body has, not later than fifteen (15) days after the filing of the appeal, placed the appeal on the agenda for a meeting of the legislative body:

(1) The appeal is considered denied.

(2) The legislative body shall inform the person that filed the appeal in writing that the appeal will not be heard and is considered denied.

(3) The considered denial of the appeal is a final disposition of the appeal.

As added by P.L.219-2021, SEC.10.

IC 16-20-5.5-4Appellant present at hearing; continuance does not affect timing requirements Sec. 4. The appellant, or a representative of the appellant, must be present at a hearing conducted by the legislative body. The failure of the local board of health or local health officer that issued the enforcement action to be present is not a cause for postponement of the hearing unless the local board of health or local health officer requests and is granted a continuance. The granting of a continuance does not modify any time requirements under this chapter.

As added by P.L.219-2021, SEC.10.

IC 16-20-5.5-5Issuance of written decision for appeal; appealable Sec. 5. (a) The legislative body shall issue a written decision for any appeal that receives a hearing under this chapter. The written decision must appear in the written records of the legislative body.

(b) A decision under this section is appealable to a circuit or superior court with jurisdiction in the county.

(c) If an appeal is denied by the legislative body or is ruled in favor of the local board of health or local health officer, the enforcement actions under IC 16-20-1-26 apply.

As added by P.L.219-2021, SEC.10.

IC 16-20-6Chapter 6. Acceptance of Gifts for County or City Health Department Buildings

16-20-6-1Authority to accept gifts to erect and equip building; use 16-20-6-2Form of gift; conversion into cash; separate account for proceeds 16-20-6-3Construction and equipment of building 16-20-6-4Real property acquisition; surplus funds; tax for maintenance 16-20-6-5Alternative use for gifts if insufficient for building