Indiana Code 16-22-8-31.5. Recipient appeal of enforcement action; timing; city-council determination of whether to hear appeal; development of appeal procedures; appellant present at hearing; written decision on appeal; appealable to court
(1) a declared local public health emergency determined by a local health department or local health officer; or
Terms Used In Indiana Code 16-22-8-31.5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Continuance: Putting off of a hearing ot trial until a later time.
- division: means an administrative subdivision created by this chapter or by the board. See Indiana Code 16-22-8-3
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- 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.
may appeal the enforcement action to the Marion County city-county council in the manner prescribed by the city-county council.
(b) In order to appeal the enforcement action under this section, the recipient of the enforcement action must file an appeal of the enforcement action with the city-county council 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 city-county council may stay the enforcement action until final disposition of the appeal.
(c) The city-county council may determine whether or not to hear an appeal filed under subsection (b) and may issue a denial of an appeal at any time. If the city-county council determines to hear an appeal, the city-county council must hear the appeal at a public meeting of the city-county council held not later than fifteen (15) days after the date that the city-county council determines to hear the appeal.
(d) The city-county council shall develop procedures for the review, consideration, and hearing of an appeal under this section. The procedures must include the following:
(1) Standards for evaluating an enforcement action appealed under this section.
(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 division of public health 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 city-county council 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 city-county council 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.
(e) The following apply unless the city-county council has, not later than fifteen (15) days after the filing of the appeal, placed the appeal on the agenda for a meeting of the city-county council:
(1) The appeal is considered denied.
(2) The city-county council 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.
(f) The appellant, or a representative of the appellant, must be present at a hearing conducted by the city-county council in order for the appeal to be heard. The failure of the division of public health to be present is not a cause for postponement of the hearing unless the division requests and is granted a continuance. The granting of a continuance does not modify any time requirements under this section.
(g) The city-county council 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 city-county council.
(h) A decision under this section is appealable to a circuit or superior court with jurisdiction in the county.
(i) If an appeal is denied by the city-county council or the city-county council rules in favor of the division of public health, the enforcement actions under section 31 of this chapter apply.
As added by P.L.219-2021, SEC.14.