§ 24-4-24-11 — Enforcement; remedies

Indiana § 24-4-24-11

• Jurisdiction: Indiana
• Art. 4: REGULATED BUSINESSES
• Ch. 24: Consumer Genetic Testing Providers

Text

(a) The attorney general has exclusive
authority to enforce the provisions of this chapter.
(b) The attorney general may initiate an action in the name of the
state and may seek an injunction to restrain any violations of this
chapter and a civil penalty not to exceed seven thousand five hundred
dollars ($7,500) for each violation under this chapter.
(c) The attorney general may recover reasonable expenses incurred
in investigating and preparing the case, including attorney's fees, in any
action initiated under this section.
(d) Before initiating an action under this section, the attorney
general shall provide a provider thirty (30) days written notice
identifying the specific provisions of this chapter that the attorney
general alleges have been or are being violated. If, within the thirty (30)
day period set forth in this subsection, the provider:
(1) cures the alleged violation; and
(2) provides the attorney general an express written statement
that:
(A) the alleged violation has been cured; and
(B) actions have been taken to ensure no further such violations
will occur;
the attorney general shall not initiate an action against the provider.
(e) If a provider:
(1) continues an alleged violation following the thirty (30) day
period set forth in subsection (d); or
(2) breaches an express written statement provided to the attorney
general under subsection (d)(2);
the attorney general may initiate an action against the provider under
subsection (b).
(f) Nothing in this section may be construed as providing the basis
for a private right of action for violations of this chapter or any other
law.

Legislative History

As added by P.L.233-2025, SEC.2.