Title 22, LABOR AND SAFETY

Sec. 3. As used in this chapter, "cigarette" has the meaning set forth in IC 6-7-1-2. As added by P.L.82-2008, SEC.1.

Sec. 30. A local governmental unit may not adopt an ordinance concerning any subject regulated by this chapter. As added by P.L.82-2008, SEC.1.

Sec. 31. This chapter may not be construed to supersede or preempt applicable federal laws or regulations concerning reduced ignition propensity standards for cigarettes. As added by P.L.82-2008, SEC.1.

Sec. 4. As used in this chapter, "manufacturer" means: (1) an entity that manufactures or produces cigarettes or causes cigarettes to be manufactured or produced that the manufacturer intends to be sold in Indiana, including cigarettes intended to be sold in the United States thr…

Sec. 5. As used in this chapter, "quality control and quality assurance program" means the laboratory procedures implemented to ensure that: (1) operator bias, systematic and nonsystematic methodological errors, and equipment related problems do not affect the results of the test…

Sec. 6. As used in this chapter, "repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent (95%) of the time. As added by P.L.82-2008, SEC.1.

Sec. 7. As used in this chapter, "retail dealer" means a person, other than a manufacturer or wholesale dealer, that sells cigarettes. As added by P.L.82-2008, SEC.1.

Sec. 8. As used in this chapter, "sale" means any of the following: (1) Transfer of title or possession, or both. (2) Exchange or barter, including conditional exchanges or agreements. (3) Giving cigarettes as samples, prizes, or gifts. (4) Exchange of cigarettes for consideratio…

Sec. 9. As used in this chapter, "sell" means to: (1) sell; or (2) offer or agree to sell. As added by P.L.82-2008, SEC.1.

Sec. 0.5. As used in this chapter, "applicant" or "permittee" includes a successor in interest to an applicant or permittee, a renamed applicant or permittee, a trustee in bankruptcy of an applicant or a permittee, a reorganized form of an applicant or permittee following merger,…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 0.6. (a) Except as provided in subsection (c), the department shall not inspect, and operating permits are not required for, the following regulated amusem…

Sec. 1. The department shall carry out a program of periodic on-site inspections of the erection and operation of regulated amusement devices. These inspections are not a prerequisite for operation of a device that is covered by a regulated amusement device operating permit. As a…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 2. (a) The department shall issue a regulated amusement device operating permit to an applicant who qualifies under this section. If an applicant qualifies…

Sec. 2.5. (a) Except as provided in subsection (g) or (h), the department may not issue a permit under this chapter until the applicant has filed with the department a certificate of insurance indicating that the applicant has liability insurance: (1) in effect with an insurer th…

Sec. 3. (a) This section does not apply to a person who uses a regulated amusement device unless the person has authority to: (1) construct, repair, or maintain the regulated amusement device; or (2) place the regulated amusement device out of service. (b) This section applies to…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 4. (a) The commission shall adopt rules under IC 4-22-2 to define appropriate training for a person who inspects regulated amusement devices. (b) The rules…

Sec. 5. (a) A permittee shall, during the permit period, maintain at each location operated by the permittee for each regulated amusement device at the location the following: (1) A current owner's manual. (2) Any operational manuals or maintenance guides. (3) Complete maintenanc…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 7. In addition to a regularly scheduled inspection of a regulated amusement device, the commission may, upon demand by the commission, inspect a regulated …

Sec. 8. (a) The operator of a regulated amusement device: (1) must be at least sixteen (16) years of age; (2) must be in attendance whenever the regulated amusement device is in operation; and (3) may not operate more than one (1) regulated amusement device at a time. (b) The ope…

Sec. 9. A person that knowingly or intentionally operates a regulated amusement device without a valid permit for the regulated amusement device commits a Class A misdemeanor. As added by P.L.166-1997, SEC.12.

Sec. 1. A person who is injured by a violation of this article may bring a civil action for compensatory damages and injunctive relief. As added by P.L.196-2025, SEC.18.

Sec. 2. A prevailing plaintiff in an action under section 1 of this chapter may be awarded the following: (1) Court costs and reasonable attorney's fees. (2) Actual damages resulting from the violation. (3) Declaratory or injunctive relief. As added by P.L.196-2025, SEC.18.…

Sec. 1. (a) An aggrieved person may file a civil action in the circuit or superior court located in the county in which the alleged discriminatory practice occurred not later than one (1) year after the occurrence of the termination of an alleged discriminatory housing practice o…

Sec. 2. If the court finds that a discriminatory housing practice has occurred or is about to occur in an action under this chapter, the court may award to the prevailing party the following: (1) Actual and punitive damages. (2) Reasonable attorney's fees. (3) Court costs. (4) Su…

Sec. 3. Relief granted under this chapter does not affect a contract, a sale, an encumbrance, or a lease that: (1) was consummated before the granting of the relief; and (2) involved a bona fide purchaser, an encumbrancer, or a tenant who did not have actual notice of the filing …

Sec. 4. (a) The commission may intervene in an action under this article if the commission determines that the case is of general public importance. (b) The commission may obtain the same relief available to the commission under IC 22-9.5-8.1-2. As added by P.L.66-1990, SEC.2. Am…

Sec. 1. It is unlawful for any employer to assess a fine on any pretext against any employee and retain the same or any part thereof from his wages. An employer who violates this section commits a Class C infraction. Formerly: Acts 1899, c.124, s.3. As amended by Acts 1978, P.L.2…

Sec. 3. It is hereby made the duty of the commissioner of labor to enforce the provisions of this chapter by the processes of the courts, and in the name of the state; and, upon his failure so to do, any citizen of the state is hereby authorized to do the same in the name of the …

Sec. 1. Any person representing any plaintiff or defendant in the prosecution or defense of any claim or claims before the worker's compensation board must be admitted to practice law in the circuit or superior courts and supreme court of Indiana. Formerly: Acts 1925, c.33, s.1. …

Sec. 2. (a) All persons so representing plaintiffs or defendants as provided by section 1 of this chapter shall first register their names with the worker's compensation board in a manner prescribed by the board and shall, before proceeding to represent either plaintiffs or defen…

Sec. 1. (a) "Employment," subject to the other provisions of this section, means service, including service in interstate commerce performed for remuneration or under any contract of hire, written or oral, expressed or implied. (b) Services performed by an individual for remunera…

Sec. 2. The term "employment" shall include: (a) An individual's entire service performed within or both within and without Indiana if the service is localized in Indiana. (b) An individual's entire service performed within or both within and without Indiana if the service is not…

Sec. 3. "Employment" shall not include the following: (1) Except as provided in section 2(i) of this chapter, service performed prior to January 1, 1978, in the employ of this state, any other state, any town or city, or political subdivision, or any instrumentality of any of the…

Sec. 3.5. As used in this article, "employment" does not include an owner-operator that provides a motor vehicle and the services of a driver to a motor carrier under a written contract that is subject to IC 8-2.1-24-22, 45 IAC 16-1-13, or 49 CFR 376. As added by P.L.98-2005, SEC…

Sec. 3.6. (a) As used in this section, "drive away" has the meaning set forth in IC 9-20-9-1. (b) Except as provided in subsection (c), as used in this article, "employment" includes service performed by a driver who provides drive away operations when the services are being perf…

Sec. 4. (a) As used in this article, "seasonal employment" means services performed for a seasonal employer during the seasonal period in the employer's seasonal operations, after the effective date of a seasonal determination with respect to the seasonal employer. (b) As used in…

Sec. 5. For purposes of determining "employment" under this chapter, the following apply: (1) Individuals hired by a trustee to perform services in connection with the trust property, and who are paid from the funds of the trust, are considered in the employment of the trust, and…

Sec. 6. (a) This section does not apply with respect to any services performed by an individual for an employing unit: (1) if the periods for which the employing unit makes payments of remuneration to the individual vary to the extent that there is no period for which a payment o…

Sec. 1. As used in this chapter, "device" includes any acoustic, optical, mechanical, electronic, medical, or molecular device. As added by P.L.20-2020, SEC.1.

Sec. 1.5. As used in this chapter, "employer" means the state or any individual, partnership, association, limited liability company, corporation, business trust, or other governmental entity or political subdivision that has one (1) or more employees. As added by P.L.35-2021, SE…

Sec. 2. (a) Except as provided in subsection (c), an employer may not require an employee or prospective employee to take any of the following actions as a condition of employment, as a condition of employment in a particular position, or as a condition of receiving additional co…

Sec. 3. (a) An employee or prospective employee may bring a civil action against an employer to enforce section 2 of this chapter. (b) If an employer violates section 2 of this chapter, the court may do the following: (1) Award: (A) actual damages; and (B) court costs and reasona…

Sec. 4. This chapter does not limit an employee's or prospective employee's rights or remedies under any other state or federal law. As added by P.L.20-2020, SEC.1.

Sec. 0.1. The addition of this chapter by P.L.14-1994 affects final appealable orders issued by the commission on or after July 1, 1994. As added by P.L.220-2011, SEC.370.

Sec. 1. Either party to a dispute filed under IC 22-9 may, not more than thirty (30) days after the date of receipt of the commission's final appealable order, appeal to the court of appeals under the same terms, conditions, and standards that govern appeals in ordinary civil act…

Sec. 2. (a) The appealing party shall notify the commission in writing of the party's intent to appeal and shall request the commission to prepare a record of the commission's proceedings to be used to perfect an appeal. The record consists of the following documents used or pres…