Ind. Code § 25-1-5.3-2
This is the official text of Ind. Code § 25-1-5.3-2, part of Indiana’s Code — part of the compiled statutory law of Indiana, published by the state as "Code." Browse the sections below, each linked to its official government source.
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Noncompliant licensure rule; civil action; jurisdiction; damages
Official statutory text
Sec. 2. (a) If a licensee or applicant believes that the agency or a board has failed to adopt a licensure rule within six (6) months of the enactment date or by the date provided in a statute that requires rulemaking for a licensure rule to become effective, whichever is later, an applicant or licensee who has suffered a material detriment as a result of a noncompliant licensure rule may seek damages from the agency or board by bringing an action in a court of competent jurisdiction.
(b) A court shall not certify a class in any matter seeking damages under this section.
(c) In a matter seeking damages under this section, a court may order the following:
(1) An injunction requiring adoption of a compliant interim licensure rule not earlier than six (6) months from the date of the order.
(2) Damages equal to the amount of the material detriment caused by the noncompliant licensure rule, including prospective damages through the date established under subdivision (1).
(3) Court costs and attorney's fees.
(d) IC 34-13-3 applies to an action brought under this section.
As added by P.L.249-2023, SEC.80. Amended by P.L.93-2024, SEC.179.
(b) A court shall not certify a class in any matter seeking damages under this section.
(c) In a matter seeking damages under this section, a court may order the following:
(1) An injunction requiring adoption of a compliant interim licensure rule not earlier than six (6) months from the date of the order.
(2) Damages equal to the amount of the material detriment caused by the noncompliant licensure rule, including prospective damages through the date established under subdivision (1).
(3) Court costs and attorney's fees.
(d) IC 34-13-3 applies to an action brought under this section.
As added by P.L.249-2023, SEC.80. Amended by P.L.93-2024, SEC.179.
Status: in_force · Read it on the official government site
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