Title 4, TITLE 4. STATE OFFICES AND ADMINISTRATION
366 chapters · 3,438 sections in this title.
Ind. Code § 4-13.6-5-1 Method of awarding contracts; approval of contract
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documents Sec. 1. (a) Public works contracts must be awarded under section 2 of this chapter unless another method is authorized under this chapter. (b) A duly licensed architect or engineer must approve the contract documents for a public works project. As added by P.L.24-1985, …
Ind. Code § 4-13.6-5-10 Commencement of warranty period
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Sec. 10. Each public works contract must require that all warranty periods applying to work performed under the contract commence no later than the date that work under the contract is substantially completed. As added by P.L.24-1985, SEC.7.
Ind. Code § 4-13.6-5-10.5 Plumbing installations; proof of licensure
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Sec. 10.5. A person who submits a bid for a public works contract under this chapter that involves the installation of plumbing must submit evidence that the person is a licensed plumbing contractor under IC 25-28.5-1. As added by P.L.20-1991, SEC.1.
Ind. Code § 4-13.6-5-11 Void contracts
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Sec. 11. All public works contracts not let in conformity with this chapter are void. As added by P.L.24-1985, SEC.7.
Ind. Code § 4-13.6-5-12 Trench safety systems; cost recovery
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Sec. 12. (a) This section applies to a public works project that may require creation of a trench of at least five (5) feet in depth. (b) IOSHA regulations 29 C.F.R. 1926, Subpart P, for trench safety systems shall be incorporated into the contract documents for a public works pr…
Ind. Code § 4-13.6-5-2 Dollar thresholds for bidding; bidding procedure; records
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Sec. 2. (a) Except as provided by this chapter and IC 16-33-4-10, if the estimated cost of a public works project is at least one hundred fifty thousand dollars ($150,000), the division shall award a contract for the project based on competitive bids. (b) If the estimated cost of…
Ind. Code § 4-13.6-5-2.5 Application of section; sealed bid or quotation submitted by
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trust Sec. 2.5. (a) This section applies whenever a contract is awarded by competitive sealed bidding or acceptance of quotations. (b) A bid or quotation submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each: (1) beneficiary of the trust; and (2) settlor empowere…
Ind. Code § 4-13.6-5-3 Projects costing less than $150,000; quotations from
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contractors; awards Sec. 3. (a) If the estimated cost of a public works project is less than one hundred fifty thousand dollars ($150,000), the division may award a public works contract either under section 2 of this chapter or under this section, at the discretion of the direct…
Ind. Code § 4-13.6-5-4 Performance of public works by division or certain state
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departments Sec. 4. (a) If the estimated cost of a public works project is less than three hundred thousand dollars ($300,000), the division may perform the public work without awarding a public works contract under section 2 of this chapter. In performing the public work, the di…
Ind. Code § 4-13.6-5-6 Maintenance services contracts
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Sec. 6. The division may award a contract for maintenance services for a system that is part of a public building, improvement, or other structure without inviting bids under section 2 of this chapter. The division may award a contract for those services to the manufacturer of th…
Ind. Code § 4-13.6-5-7 Land acquisition; professional services
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Sec. 7. (a) Competitive bids are not required for the acquisition of land or for professional services relating to public works projects. In awarding contracts for professional services relating to public works projects, the director shall submit a recommendation to the commissio…
Ind. Code § 4-13.6-5-8 Solicitation of sealed bids; public notice
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Sec. 8. (a) This section applies only to public works contracts bid under section 2 of this chapter. (b) The division shall solicit sealed bids by public notice inserted once each week for two (2) successive weeks before the final date of submitting bids in: (1) one (1) newspaper…
Ind. Code § 4-13.6-5-9 Copies of bids or quotations; files; public records
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Sec. 9. (a) In order to preserve the integrity of bids or quotations, the division shall make a copy of each bid or quotation as soon as possible after the bids or quotations are opened and before they may be inspected and copied by the public under IC 5-14-3. In making these cop…
Ind. Code § 4-20.5-5-1 "Agency" defined
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Sec. 1. As used in this chapter, "agency" refers only to a state agency (as defined in IC 4-13-1-1). As added by P.L.7-1993, SEC.7.
Ind. Code § 4-20.5-5-2 "Facility" defined
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Sec. 2. As used in this chapter, "facility" includes any of the following: (1) Office space. (2) Storage space. (3) A parking garage or lot. (4) Other property that can be used by an agency. As added by P.L.7-1993, SEC.7.
Ind. Code § 4-20.5-5-3 Duties of department
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Sec. 3. The department shall do the following: (1) Establish uniform standards for determining the amount and type of facilities needed by agencies. (2) Assign facilities in or on property owned or leased by the state. (3) With the approval of the governor, lease facilities for t…
Ind. Code § 4-20.5-5-4 Standards for determining amount and type of facilities
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Sec. 4. The standards established under section 3(1) of this chapter must do the following: (1) Encourage increased efficiency of agencies through the grouping of interrelated agencies. (2) Facilitate public access to state government. (3) Ensure that state offices will be centra…
Ind. Code § 4-20.5-5-5 Needs request
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Sec. 5. An agency that needs facilities must submit a description of its needs to the department. As added by P.L.7-1993, SEC.7.
Ind. Code § 4-20.5-5-6 Satisfaction of request with facilities already owned or leased
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Sec. 6. Whenever the department approves all or part of an agency's request for facilities, the department shall determine whether the agency's needs can be met by assigning that agency facilities in or on property already owned or leased by the state. If the agency's needs can b…
Ind. Code § 4-20.5-5-7 Newly leased facilities; lease conditions
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Sec. 7. (a) If an agency's needs cannot be met under section 6 of this chapter, the department may approve the leasing of facilities for the agency or lease facilities in its own name and assign them to the agency. A lease approved under this subsection must satisfy all the follo…
Ind. Code § 4-21.5-5-1 Exclusive means for judicial review; exceptions
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Sec. 1. Except as provided in IC 22-9 and IC 22-9.5, this chapter establishes the exclusive means for judicial review of an agency action. However, a subpoena, discovery order, or protective order issued under this article may be contested only in an action for civil enforcement …
Ind. Code § 4-21.5-5-10 Issues not raised before agency
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Sec. 10. A person may obtain judicial review of an issue that was not raised before the agency, only to the extent that: (1) the issue concerns whether a person who was required to be notified by this article of the commencement of a proceeding was notified in substantial complia…
Ind. Code § 4-21.5-5-11 Fact issues confined to record
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Sec. 11. Judicial review of disputed issues of fact must be confined to the agency record for the agency action supplemented by additional evidence taken under section 12 of this chapter. The court may not try the cause de novo or substitute its judgment for that of the agency. A…
Ind. Code § 4-21.5-5-12 Evidence; remand to agency for further factfinding
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Sec. 12. (a) The court may receive evidence, in addition to that contained in the agency record for judicial review, only if it relates to the validity of the agency action at the time it was taken and is needed to decide disputed issues regarding one (1) or both of the following…
Ind. Code § 4-21.5-5-13 Transmittal of agency record; costs; corrections or additions
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Sec. 13. (a) Within thirty (30) days after the filing of the petition, or within further time allowed by the court or by other law, the petitioner shall transmit to the court the original or a certified copy of the agency record for judicial review of the agency action, consistin…
Ind. Code § 4-21.5-5-14 Burden of proof; standards of review
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Sec. 14. (a) The burden of demonstrating the invalidity of agency action is on the party to the judicial review proceeding asserting invalidity. (b) The validity of agency action shall be determined in accordance with the standards of review provided in this section, as applied t…
Ind. Code § 4-21.5-5-15 Disposition
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Sec. 15. If the court finds that a person has been prejudiced under section 14 of this chapter, the court may set aside an agency action and: (1) remand the case to the agency for further proceedings; or (2) compel agency action that has been unreasonably delayed or unlawfully wi…
Ind. Code § 4-21.5-5-16 Decisions on petitions; appeal
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Sec. 16. Decisions on petitions for review of agency action are appealable in accordance with the rules governing civil appeals from the courts. As added by P.L.18-1986, SEC.1.
Ind. Code § 4-21.5-5-2 Petition; persons entitled to judicial review
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Sec. 2. (a) Judicial review is initiated by filing a petition for review in the appropriate court. (b) Only a person who qualifies under: (1) section 3 of this chapter concerning standing; (2) section 4 of this chapter concerning exhaustion of administrative remedies; (3) section…
Ind. Code § 4-21.5-5-3 Standing
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Sec. 3. (a) The following have standing to obtain judicial review of an agency action: (1) A person to whom the final agency action is specifically directed. (2) A person who was a party to the proceedings of the ultimate authority that led to the final agency action, including t…
Ind. Code § 4-21.5-5-4 Exhaustion of administrative remedies; waiver of right to
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review Sec. 4. (a) A person may file a petition for judicial review under this chapter only after exhausting all administrative remedies available within the agency whose action is being challenged and within any other agency authorized to exercise administrative review. (b) A pe…
Ind. Code § 4-21.5-5-5 Time for filing
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Sec. 5. Except as otherwise provided, a petition for review is timely only if it is filed within thirty (30) days after the date that notice of the agency action that is the subject of the petition for judicial review was served. As added by P.L.18-1986, SEC.1.
Ind. Code § 4-21.5-5-6 Venue
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Sec. 6. (a) Venue is in the judicial district where: (1) the petitioner resides or maintains a principal place of business; (2) the agency action is to be carried out or enforced; or (3) the principal office of the agency taking the agency action is located. (b) If more than one …
Ind. Code § 4-21.5-5-7 Petition; filing; contents
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Sec. 7. (a) A petition for review must be filed with the clerk of the court. (b) A petition for review must be verified and set forth the following: (1) The name and mailing address of the petitioner. (2) The name and mailing address of the agency whose action is at issue. (3) Id…
Ind. Code § 4-21.5-5-8 Service; rules of procedure
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Sec. 8. (a) A petitioner for judicial review shall serve a copy of the petition upon: (1) the ultimate authority issuing the order; (2) the ultimate authority for each other agency exercising administrative review of the order; (3) the attorney general; and (4) each party to the …
Ind. Code § 4-21.5-5-9 Stay of order pending court decision
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Sec. 9. (a) If a petition for judicial review concerns a matter other than an assessment or determination of tax due or claimed to be due the state, and the law concerning the agency whose order is being reviewed does not preclude a stay of the order by the court, the person seek…
Ind. Code § 4-29.5-0.5-1 Date of tribal-state compact with Pokagon Band of
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Potawatomi Indians Sec. 1. This compact is made and entered into this 21st day of January, 2021, by and between the POKAGON BAND OF POTAWATOMI INDIANS (hereinafter referred to as "Band" throughout IC 4-29.5) and the STATE OF INDIANA (hereinafter referred to as "State" throughout …
Ind. Code § 4-29.5-0.5-2 Legislative findings
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Sec. 2. WHEREAS, the State of Indiana is a sovereign State of the United States of America, having been admitted to the Union pursuant to the Enabling Act of April 19, 1816, 14 Ch. 57, April 19, 1816, 3 Stat. 289, and is authorized by its constitution to enter into contracts and …
Ind. Code § 4-29.5-0.5-3 Agreement
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Sec. 3. NOW, THEREFORE, the Band and the State agree as follows in this article. As added by P.L.171-2021, SEC.1.
Ind. Code § 4-29.5-5-1 Employee benefits; notice requirements
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Sec. 1. The Band shall provide to any employee whose job duties involve the conduct of Class III gaming at any Gaming Facility pursuant to this Compact, benefits that are substantially equivalent to the benefits to which the employee would be entitled by virtue of the Indiana Emp…
Ind. Code § 4-32.3-5-1 Criminal gambling statutes inapplicable to allowable events
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Sec. 1. IC 35-45-5 does not apply to a person who conducts, participates in, or receives a prize in an allowable event. As added by P.L.58-2019, SEC.4.
Ind. Code § 4-32.3-5-10 Operators; limitations and requirements
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Sec. 10. (a) For purposes of this section, the Indiana affiliates of a qualified organization holding an annual gaming license are not considered separate qualified organizations. (b) An individual may not be an operator for more than three (3) qualified organizations during a ca…
Ind. Code § 4-32.3-5-11 Participation of operators and workers prohibited; exceptions
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Sec. 11. (a) Except as provided in subsections (c) through (e), an operator or a worker may not directly or indirectly participate, other than in a capacity as an operator or a worker, in an allowable activity that the operator or worker is conducting. (b) A patron at a casino ga…
Ind. Code § 4-32.3-5-12 Rules for dealing cards in Texas hold'em and Omaha poker
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Sec. 12. The following rules apply when a patron at a casino game night deals the cards in a game of Texas hold'em poker or Omaha poker under section 11(b) of this chapter: (1) Patrons may take turns dealing, but a patron may not play in a hand for which the patron deals the card…
Ind. Code § 4-32.3-5-13 Operator membership requirement
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Sec. 13. To be an operator of a qualified organization: (1) an individual must be a member in good standing of the qualified organization for at least sixty (60) days; and (2) the operator's authority to serve as an operator for the qualified organization must have been acknowled…
Ind. Code § 4-32.3-5-14 Worker membership requirement; shared revenues
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Sec. 14. (a) Except as provided in: (1) section 8(c) of this chapter; and (2) subsection (c); a worker at an allowable event must be a member in good standing of the qualified organization that is conducting the allowable activity for at least thirty (30) days before the allowabl…
Ind. Code § 4-32.3-5-15 Bingo event prize limits
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Sec. 15. (a) The prize for: (1) one (1) bingo game may not have a value of more than one thousand dollars ($1,000); and (2) a progressive bingo game may not have a value of more than two thousand dollars ($2,000). (b) Except as provided in subsection (c), the total prizes permitt…
Ind. Code § 4-32.3-5-16 Pull tab, punchboard, and tip board prize limits
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Sec. 16. (a) The total prizes awarded for one (1) pull tab, punchboard, or tip board game may not exceed fifteen thousand dollars ($15,000). (b) A single prize awarded: (1) for one (1) winning ticket in a pull tab, punchboard, or tip board game may not exceed five hundred ninety-…
Ind. Code § 4-32.3-5-17 Prohibited participants
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Sec. 17. (a) Except as provided in subsections (b), (c), and (e), the following persons may not play or participate in any manner in an allowable activity: (1) A member or an employee of the commission. (2) A person less than eighteen (18) years of age. (b) A member or employee o…
Ind. Code § 4-32.3-5-18 Radio advertising
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Sec. 18. An advertisement for an allowable activity in radio broadcast media must announce, within the advertisement, the name of the qualified organization conducting the allowable activity. As added by P.L.58-2019, SEC.4.