Indiana § 16-22-8-31.5 Recipient appeal of enforcement action; timing; city-council
determination of whether to hear appeal; development of appeal
procedures; appellant present at hearing; written decision on appeal;
appealable to court

Indiana Statutes

§ 16-22-8-31.5 — Recipient appeal of enforcement action; timing; city-council determination of whether to hear appeal; development of appeal procedures; appellant present at hearing; written decision on appeal; appealable to court

Indiana § 16-22-8-31.5

Title 16HEALTH

Art. 22COUNTY HOSPITALS

Ch. 8Health and Hospital Corporation of Marion County

This text of Indiana § 16-22-8-31.5 (Recipient appeal of enforcement action; timing; city-council determination of whether to hear appeal; development of appeal procedures; appellant present at hearing; written decision on appeal; appealable to court) 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 § 16-22-8-31.5 (2026).

Text

5.

(a)The recipient of an enforcement action taken by the division of public health through its powers, functions, and duties described in section 31(a) of this chapter in response to:

(1)a declared local public health emergency determined by a local health department or local health officer; or

(2)a disaster emergency declared by the governor under IC 10-14-3-12; may appeal the enforcement action to the Marion County city-county council in the manner prescribed by the city-county council.

(b)In order to appeal the enforcement action under this section, the recipient of the enforcement action must file an appeal of the enforcement action with the city-county council not later than seven (7) days from the issuance of the enforcement action. Upon the proper filing of an appeal under this

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5. (a) The recipient of an enforcement
action taken by the division of public health through its powers,
functions, and duties described in section 31(a) of this chapter in
response to:
(1) a declared local public health emergency determined by a
local health department or local health officer; or
(2) a disaster emergency declared by the governor under IC 10-14-3-12;
may appeal the enforcement action to the Marion County city-county
council in the manner prescribed by the city-county council.
(b) In order to appeal the enforcement action under this section, the
recipient of the enforcement action must file an appeal of the
enforcement action with the city-county council not later than seven (7)
days from the issuance of the enforcement action. Upon the proper
filing of an appeal under this section by a recipient, the city-county
council may stay the enforcement action until final disposition of the
appeal.
(c) The city-county council may determine whether or not to hear an
appeal filed under subsection (b) and may issue a denial of an appeal
at any time. If the city-county council determines to hear an appeal, the
city-county council must hear the appeal at a public meeting of the
city-county council held not later than fifteen (15) days after the date
that the city-county council determines to hear the appeal.
(d) The city-county council shall develop procedures for the review,
consideration, and hearing of an appeal under this section. The
procedures must include the following:
(1) Standards for evaluating an enforcement action appealed
under this section.
(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 division of public
health 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 city-county council 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 city-county council 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.
(e) The following apply unless the city-county council has, not later
than fifteen (15) days after the filing of the appeal, placed the appeal
on the agenda for a meeting of the city-county council:
(1) The appeal is considered denied.
(2) The city-county council 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.
(f) The appellant, or a representative of the appellant, must be
present at a hearing conducted by the city-county council in order for
the appeal to be heard. The failure of the division of public health to be
present is not a cause for postponement of the hearing unless the
division requests and is granted a continuance. The granting of a
continuance does not modify any time requirements under this section.
(g) The city-county council shall issue a written decision for any
appeal that receives a hearing under this chapter. The written decision
must appear in the written records of the city-county council.
(h) A decision under this section is appealable to a circuit or
superior court with jurisdiction in the county.
(i) If an appeal is denied by the city-county council or the
city-county council rules in favor of the division of public health, the
enforcement actions under section 31 of this chapter apply.