§ 16-22-8-31.7 — Appeal of enforcement action options; waiver

Indiana § 16-22-8-31.7

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 22: COUNTY HOSPITALS
• Ch. 8: Health and Hospital Corporation of Marion County

Text

7. (a) This section applies to a 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.
(b) A recipient of any enforcement action described in subsection
(a) may:
(1) appeal the enforcement action under section 31.5 of this
chapter; or
(2) bring an action directly in the circuit or superior court.
However, a recipient who brings an action directly in the circuit or
superior court waives the right to appeal under section 31.5 of this
chapter, and any appeal under section 31.5 of this chapter that is
pending at the time the recipient files an action in the circuit or
superior court is dismissed by operation of law.

Legislative History

As added by P.L.219-2021, SEC.15.