§ 16-41-39.8-11 — Enjoinment and notice; determination and review

Indiana § 16-41-39.8-11

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 41: PUBLIC HEALTH MEASURES FOR THE
• Ch. 39.8: Lead-Based Paint Activities

Text

(a) If the state department finds that a
lead-based paint activities project is not being performed in accordance
with applicable laws or rules, the state department may enjoin further
work on the lead-based paint activities project without prior notice or
hearing by delivering a notice to:
(1) the lead-based paint activities contractor engaged in the
lead-based paint activities project; or
(2) an agent or representative of the lead-based paint activities
contractor.
(b) A notice issued under this section must:
(1) specify the violations of laws or rules that are occurring on the
lead-based paint activities project; and
(2) prohibit further work on the lead-based paint activities project
until the violations specified under subdivision (1) cease and the
notice is rescinded by the state department.
(c) Not later than ten (10) days after receiving written notification
from a contractor that violations specified in a notice issued under this
section have been corrected, the state department shall issue a
determination regarding recission of the notice.
(d) A lead-based paint activities contractor or any other person
aggrieved or adversely affected by the issuance of a notice under
subsection (a) may obtain a review of the state department's action
under IC 4-21.5.

Legislative History

As added by P.L.57-2009, SEC.17.