Sec. 2. (a) If a licensee or applicant believes that the agency or a board has failed to adopt a licensure rule within six (6) months of the enactment date or by the date provided in a
statute that requires rulemaking for a licensure rule to become effective, whichever is later, an applicant or licensee who has suffered a material detriment as a result of a noncompliant licensure rule may seek damages from the agency or board by bringing an action in a court of competent
jurisdiction.
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Terms Used In Indiana Code 25-1-5.3-2
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Statute: A law passed by a legislature.
(c) In a matter seeking damages under this section, a court may order the following:
(1) An injunction requiring adoption of a compliant interim licensure rule not earlier than six (6) months from the date of the order.
(2) Damages equal to the amount of the material detriment caused by the noncompliant licensure rule, including prospective damages through the date established under subdivision (1).
(3) Court costs and attorney‘s fees.
(d) IC 34-13-3 applies to an action brought under this section.
As added by P.L.249-2023, SEC.80. Amended by P.L.93-2024, SEC.179.
