Indiana § 25-1-5.3-2 Noncompliant licensure rule; civil action; jurisdiction; damages

Indiana Statutes

§ 25-1-5.3-2 — Noncompliant licensure rule; civil action; jurisdiction; damages

Indiana § 25-1-5.3-2

Title 25PROFESSIONS AND OCCUPATIONS

Art. 1GENERAL PROVISIONS

Ch. 5.3Failure to Enact Licensure Rules

This text of Indiana § 25-1-5.3-2 (Noncompliant licensure rule; civil action; jurisdiction; damages) 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 § 25-1-5.3-2 (2026).

Text

(a)If a licensee or applicant believes that the agency or a board has failed to adopt a licensure rule within six (6) months of the enactment date or by the date provided in a statute that requires rulemaking for a licensure rule to become effective, whichever is later, an applicant or licensee who has suffered a material detriment as a result of a noncompliant licensure rule may seek damages from the agency or board by bringing an action in a court of competent jurisdiction.

(b)A court shall not certify a class in any matter seeking damages under this section.

(c)In a matter seeking damages under this section, a court may order the following:

(1)An injunction requiring adoption of a compliant interim licensure rule not earlier than six (6) months from the date of the order.

(2)Damage

Free access — add to your briefcase to read the full text and ask questions with AI

(a) If a licensee or applicant believes that the
agency or a board has failed to adopt a licensure rule within six (6)
months of the enactment date or by the date provided in a statute that
requires rulemaking for a licensure rule to become effective, whichever
is later, an applicant or licensee who has suffered a material detriment
as a result of a noncompliant licensure rule may seek damages from the
agency or board by bringing an action in a court of competent
jurisdiction.
(b) A court shall not certify a class in any matter seeking damages
under this section.
(c) In a matter seeking damages under this section, a court may
order the following:
(1) An injunction requiring adoption of a compliant interim
licensure rule not earlier than six (6) months from the date of the
order.
(2) Damages equal to the amount of the material detriment caused
by the noncompliant licensure rule, including prospective
damages through the date established under subdivision (1).
(3) Court costs and attorney's fees.
(d) IC 34-13-3 applies to an action brought under this section.