Indiana § 16-20-5.5-3 Determination by legislative body whether to hear appeal; development
of procedures; timing

Indiana Statutes

§ 16-20-5.5-3 — Determination by legislative body whether to hear appeal; development of procedures; timing

Indiana § 16-20-5.5-3

Title 16HEALTH

Art. 20LOCAL HEALTH DEPARTMENTS

Ch. 5.5Appeal of Local Health Enforcement Actions

This text of Indiana § 16-20-5.5-3 (Determination by legislative body whether to hear appeal; development of procedures; timing) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 16-20-5.5-3 (2026).

Text

(a)The legislative body shall determine whether to hear an appeal filed under section 2 of this chapter not later than fifteen (15) days from the filing of the appeal and may issue a denial of an appeal at any time after the filing of the appeal. Any appeal granted consideration by the legislative body must be heard at a public meeting of the legislative body held not later than fifteen (15) days after the date that the legislative body determines to hear the appeal.

(b)The legislative body shall develop procedures for the review, consideration, and hearing of an appeal filed under this chapter. The procedures must include the following:

(1)Standards for evaluating an enforcement action appealed under this chapter.

(2)A procedure for consolidating appeals if there are at least two

(2)

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(a) The legislative body shall determine
whether to hear an appeal filed under section 2 of this chapter not later
than fifteen (15) days from the filing of the appeal and may issue a
denial of an appeal at any time after the filing of the appeal. Any appeal
granted consideration by the legislative body must be heard at a public
meeting of the legislative body held not later than fifteen (15) days
after the date that the legislative body determines to hear the appeal.
(b) The legislative body shall develop procedures for the review,
consideration, and hearing of an appeal filed under this chapter. The
procedures must include the following:
(1) Standards for evaluating an enforcement action appealed
under this chapter.
(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 local board of health or
local health officer 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 legislative body 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 legislative body 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.
(c) The following apply unless the legislative body has, not later
than fifteen (15) days after the filing of the appeal, placed the appeal
on the agenda for a meeting of the legislative body:
(1) The appeal is considered denied.
(2) The legislative body 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.