Sec. 31. (a) The director of the division of public health has the powers, functions, and duties of a local health officer.

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Terms Used In Indiana Code 16-22-8-31

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • division: means an administrative subdivision created by this chapter or by the board. See Indiana Code 16-22-8-3
  • 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.
  • Venue: The geographical location in which a case is tried.
     (b) Except as provided in subsection (c), orders, citations, and administrative notices of violation issued by the director of the division of public health, the director’s authorized representative, a supervisor in the division, or an environmental health specialist may be enforced by the corporation in a court with jurisdiction by filing a civil action in accordance with IC 16-42-5-28, IC 33-36-3-5(b), IC 34-28-5-1, IC 36-1-6-4, or IC 36-7-9-17.

     (c) This subsection only applies to an enforcement action described in section 31.5(a) of this chapter. The corporation may not file a civil action under subsection (b) to enforce an order, citation, or administrative notice unless the Marion County city-county council has authorized the corporation to file the civil action.

     (d) A public health authority may petition a circuit or superior court for an order of isolation or quarantine by filing a civil action in accordance with IC 16-41-9.

     (e) Unless otherwise provided by law, a change of venue from the county may not be granted for court proceedings initiated under this section.

     (f) A change of venue from a judge must meet the requirements in IC 34-35-3-3 for court proceedings initiated under this section.

[Pre-1993 Recodification Citation: 16-12-21-25.]

As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.34; P.L.88-2006, SEC.4; P.L.138-2006, SEC.5; P.L.194-2007, SEC.3; P.L.219-2021, SEC.12.

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