Title 4, TITLE 4. STATE OFFICES AND ADMINISTRATION

Sec. 3. The Native American Indian affairs commission is established. As added by P.L.133-2012, SEC.30.

Sec. 4. (a) The commission consists of fifteen (15) voting members and four (4) nonvoting members. The voting members of the commission consist of the following: (1) Eight (8) Native American Indians, each from a different geographic region of Indiana. (2) The commissioner of the…

Sec. 5. The affirmative votes of at least eight (8) members of the commission are required for the commission to take any official action, including public policy recommendations and reports. As added by P.L.133-2012, SEC.30.

Sec. 6. (a) The civil rights commission established by IC 22-9-1-4 shall provide staff and administrative support for the commission. (b) Expenses incurred under this chapter shall be paid from funds appropriated to the civil rights commission. (c) The governor shall appoint a vo…

Sec. 7. The commission shall study problems common to Native American Indian residents of Indiana in the areas of employment, education, civil rights, health, and housing. The commission may make recommendations to appropriate federal, state, and local governmental agencies conce…

Sec. 8. The commission may not study or make recommendations on the following issues: (1) Negotiations between a tribe and the state or federal government concerning tribal sovereignty. (2) Gaming on tribal land. As added by P.L.133-2012, SEC.30.

Sec. 1. The lieutenant governor shall administer the following: (1) The Housing Assistance Act of 1937 (42 U.S.C. 1437). (2) Community services programs, including the Community Services Block Grant under 42 U.S.C. 9901 et seq. (3) Home energy assistance programs, including the L…

Sec. 2. Except as otherwise provided under federal law, the money in an account (as defined in IC 21-9-2-2) of an education savings program (as defined in IC 21-9-2-11) may not be considered as a resource or asset in determining an applicant's or recipient's eligibility for home …

Sec. 1. As used in this chapter, "commission" means the Indiana semiquincentennial commission established by section 2 of this chapter. As added by P.L.3-2022, SEC.1.

Sec. 10. The commission shall do the following: (1) Plan, encourage, develop, and coordinate an overall program in 2026 commemorating the history of the United States leading up to the 250th anniversary of the founding of the United States. (2) Encourage and assist state agencies…

Sec. 11. The commission may do the following: (1) Issue proclamations and resolutions to commemorate the 250th anniversary of the signing of the Declaration of Independence. (2) Accept gifts, contributions and bequests of funds from individuals, foundations, corporations, limited…

Sec. 12. The commission shall submit an annual report on the commission's activities to the general assembly not later than December 31, 2023, and by December 31 of each year thereafter. A report submitted under this section must be in an electronic format under IC 5-14-6. As add…

Sec. 13. (a) Except as provided in subsections (b), (c), and (d), a member of the commission is not entitled to any compensation for serving on the commission. (b) Each member of the commission who is not a state employee is entitled to reimbursement for traveling expenses as pro…

Sec. 14. The funds, accounts, management, and operations of the commission under this chapter are subject to an audit by the state board of accounts. As added by P.L.3-2022, SEC.1.

Sec. 15. This chapter expires December 31, 2026. As added by P.L.3-2022, SEC.1.

Sec. 2. The Indiana semiquincentennial commission is established. As added by P.L.3-2022, SEC.1.

Sec. 3. (a) The commission consists of the following members: (1) The governor or the governor's designee. (2) The lieutenant governor. (3) The adjutant general of the Indiana National Guard. (4) The director of the Indiana department of veterans' affairs. (5) One (1) member of t…

Sec. 4. A legislative member of the commission appointed under section 3 of this chapter is a nonvoting advisory member. As added by P.L.3-2022, SEC.1.

Sec. 5. (a) The member appointed to represent the Indiana Society of the Sons of the American Revolution and the member appointed to represent the Indiana Daughters of the American Revolution shall serve as the co-chairpersons of the commission. (b) The commission shall elect one…

Sec. 6. Each member of the commission serves until the expiration of this chapter, as provided in section 15 of this chapter. As added by P.L.3-2022, SEC.1. Amended by P.L.11-2023, SEC.13.

Sec. 7. The chairperson shall call the first meeting of the commission before October 1, 2022. Thereafter, the commission shall meet quarterly. All meetings must be convened at the Indiana World War Memorial in Indianapolis. The commission may conduct a meeting electronically in …

Sec. 8. A majority of the voting members of the commission constitutes a quorum. As added by P.L.3-2022, SEC.1.

Sec. 9. The Indiana department of veterans' affairs shall furnish the necessary staff support for the commission. As added by P.L.3-2022, SEC.1.

Sec. 1. (a) Except as provided in subsections (b) and (c), the mediation guidelines adopted by rule under this chapter must supplement the procedural rights established by this article. (b) An agency described in IC 4-21.5-2-4 that is exempt from administrative orders and procedu…

Sec. 10. A person selected to serve as a mediator under this chapter may choose not to serve for any reason. As added by P.L.16-1996, SEC.1.

Sec. 11. At any time, a party to a proceeding may request that the administrative law judge replace the mediator of the proceeding for good cause. As added by P.L.16-1996, SEC.1.

Sec. 12. If a mediator chooses not to serve or the administrative law judge decides to replace a mediator, the mediator selection process described in this chapter shall be repeated. As added by P.L.16-1996, SEC.1.

Sec. 13. A mediator may not be selected to mediate a proceeding if the mediator: (1) has an interest in the outcome of the proceeding; (2) is related to any of the parties or attorneys in the proceeding; or (3) is employed by any of the parties or attorneys involved in the procee…

Sec. 14. (a) If the parties to a proceeding elect to use an outside mediator, the costs of mediation must be paid as agreed by the parties. If there is no agreement of the parties, the administrative law judge assigned to the proceeding shall determine the mediation costs, if nec…

Sec. 16. A mediator for a proceeding under this chapter shall: (1) inform the parties of the anticipated cost of mediation; (2) advise the parties that the mediator does not represent either or both of the parties; (3) define and describe the process of mediation to the parties; …

Sec. 17. (a) The parties and their attorneys, if any, must be present at any mediation session unless otherwise agreed. A mediator may allow nonparties to the dispute to be present at a mediation session if the parties agree. (b) All parties, attorneys with settlement authority, …

Sec. 18. (a) The attorney for a party to a proceeding may submit to the mediator a confidential statement of the proceeding, not to exceed ten (10) pages, before a mediation conference. The statement submitted under this section must include the following: (1) The legal and factu…

Sec. 19. In the mediation process, the mediator may meet jointly or separately with the parties and may express an evaluation of the proceeding to one (1) or more parties or their representatives. This evaluation may be expressed in the form of settlement ranges rather than exact…

Sec. 2. (a) For each type of administrative proceeding, the ultimate authority shall determine whether mediation is an appropriate means of alternative dispute resolution. (b) For proceedings that an ultimate authority determines to be appropriate for mediation, the agency may ad…

Sec. 20. (a) As soon after mediation as practicable, the mediator shall report to the administrative law judge that the mediation process has been completed, terminated, or extended. (b) The mediator shall terminate mediation whenever: (1) the mediator believes that continuation …

Sec. 21. (a) If the parties do not reach an agreement on any matter as a result of mediation, the mediator shall report the lack of an agreement without comment or recommendation to the administrative law judge assigned to the proceeding. With the consent of the parties, the medi…

Sec. 22. A person who has served as a mediator in a proceeding may act as a mediator in subsequent disputes between the parties, and the parties may provide for a review of the agreement with the mediator on a periodic basis. However, the mediator shall decline to act in any capa…

Sec. 23. A mediator is required to use an effective system to identify potential conflict of interest at the time of appointment to a proceeding as a mediator. The mediator may not subsequently act as an investigator or make any recommendations regarding the mediated proceeding. …

Sec. 24. With the exception of privileged communications, the rules of evidence do not apply to mediation, but factual information having a bearing on the question of damages should be supported by documentary evidence whenever possible. As added by P.L.16-1996, SEC.1.

Sec. 25. Whenever possible, parties to a proceeding are encouraged to limit discovery to the development of information necessary to facilitate the mediation process. By agreement of the parties, or as ordered by the administrative law judge, discovery may be deferred during medi…

Sec. 26. (a) Mediation shall be regarded as a settlement negotiation. Evidence of furnishing or offering or promising to accept a valuable consideration in compromising or attempting to compromise a claim that was disputed as to either validity or amount is not admissible in a pr…

Sec. 27. (a) A mediator is not subject to process requiring disclosure of any matter discussed during the mediation. Matters discussed during mediation are confidential and privileged. (b) The confidentiality requirement of subsection (a) may not be waived by the parties. (c) An …

Sec. 3. Before a proceeding is initiated, an agency and a person who may be the subject of an agency action may agree to use mediation to resolve a dispute. As added by P.L.16-1996, SEC.1.

Sec. 4. A mediator, co-mediator, or team mediator appointed and acting under this chapter has immunity in the same manner and to the same extent as a judge having jurisdiction in Indiana. As added by P.L.16-1996, SEC.1.

Sec. 5. (a) If a proceeding is of a type that has been identified as appropriate for alternative dispute resolution under section 2 of this chapter, the administrative law judge assigned to the proceeding may, on the administrative law judge's own motion or upon motion of any par…

Sec. 6. (a) If a proceeding is conducted by mediation, the administrative law judge assigned to the proceeding shall within fifteen (15) days after the date of the order for mediation make available to the parties, at no cost, a mediator who is qualified under section 8 of this c…

Sec. 7. (a) A person, other than agency personnel, who wishes to serve as a mediator under this chapter shall file an application with the ultimate authority or its designee describing the type of proceeding in which the person desires to serve as a mediator and setting forth qua…

Sec. 9. If rules are adopted under section 2 of this chapter, the rules must include guidelines for selection of a mediator for the ultimate authority when there is no appropriate mediator or listed mediator available and the parties cannot agree on an unlisted mediator. As added…

Sec. 1. This chapter applies after June 30, 2016. As added by P.L.213-2015, SEC.39.

Sec. 1.3. As used in this chapter, "division" refers to the division of historic preservation and archeology of the department of natural resources established by IC 14-9-4-1. As added by P.L.202-2016, SEC.1.