Indiana § 36-8-3.5-10 Rules; adoption; notice and hearing

Indiana Statutes

§ 36-8-3.5-10 — Rules; adoption; notice and hearing

Indiana § 36-8-3.5-10

Title 36LOCAL GOVERNMENT

Art. 8PUBLIC SAFETY

Ch. 3.5Police and Fire Merit Systems

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Bluebook

Ind. Code § 36-8-3.5-10 (2026).

Text

(a)Within ninety (90) days after the commission is selected, the commission shall adopt rules governing:

(1)the selection and appointment of persons to be employed as members of the department, subject to applicable pension statutes;

(2)promotions and demotions of members of the department; and

(3)disciplinary action or dismissal of members of the department.

(b)Before the rules required by this chapter are adopted by the commission, the commission must hold a public hearing to consider the adoption of the proposed rules. At least ten (10) days before the public hearing, the commission must have a notice of the hearing published in accordance with IC 5-3-1. The notice must state the time and place of the hearing and give briefly the subject matter of the proposed rules.

(c)At least t

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(a) Within ninety (90) days after the
commission is selected, the commission shall adopt rules governing:
(1) the selection and appointment of persons to be employed as
members of the department, subject to applicable pension
statutes;
(2) promotions and demotions of members of the department; and
(3) disciplinary action or dismissal of members of the department.
(b) Before the rules required by this chapter are adopted by the
commission, the commission must hold a public hearing to consider the
adoption of the proposed rules. At least ten (10) days before the public
hearing, the commission must have a notice of the hearing published
in accordance with IC 5-3-1. The notice must state the time and place
of the hearing and give briefly the subject matter of the proposed rules.
(c) At least ten (10) days before the hearing, one (1) copy of the
proposed rules must be placed on file as follows:
(1) In the case of a unit, the office of the:
(A) clerk of a county, city, or town; or
(B) executive of a township;
for inspection by residents of the unit.
(2) In the case of a district or territory, the office of the:
(A) county legislative body of each county in which the district
or territory is located;
(B) governing body; and
(C) clerk of each city or town and the executive of each
township that is:
(i) located in; and
(ii) part of the district or territory;
for inspection by residents of the district or territory.
(d) At least ten (10) days before the hearing, three (3) copies of the
proposed rules must be forwarded to the chief of the department and
retained on file in the chief's office for inspection at all times by
members of the department.
(e) At the hearing, any interested person of the unit, district, or
territory and any member of the department must be afforded an
opportunity to present both oral and written evidence on any matter
relating to the adoption of the proposed rules. The commission shall
give due consideration to this evidence in making the commission's
final decision concerning the adoption of the proposed rules.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by
P.L.180-2002, SEC.5; P.L.207-2023, SEC.18.