§ 4-21.5-2-5 — Exemptions; agency actions

Indiana § 4-21.5-2-5

• Jurisdiction: Indiana
• Art. 21.5: ADMINISTRATIVE ORDERS AND
• Ch. 2: Application

Text

This article does not apply to the following
agency actions:
(1) The issuance of a warrant or jeopardy warrant for the
collection of taxes.
(2) A determination of probable cause or no probable cause by the
civil rights commission.
(3) A determination in a factfinding conference of the civil rights
commission.
(4) A personnel action, except review of:
(A) a personnel action by the state employees appeals
commission under IC 4-15-2.2-42; or
(B) a personnel action that is not covered by IC 4-15-2.2 but
may be taken only for cause.
(5) A resolution, directive, or other action of any agency that
relates solely to the internal policy, organization, or procedure of
that agency or another agency and is not a licensing or
enforcement action. Actions to which this exemption applies
include the statutory obligations of an agency to approve or ratify
an action of another agency.
(6) An agency action related to an offender within the jurisdiction
of the department of correction.
(7) A decision of the Indiana economic development corporation,
the office of tourism development (before July 1, 2020) or the
Indiana destination development corporation (after June 30,
2020), the department of environmental management, the tourist
information and grant fund review committee (before the repeal
of the statute that created the tourist information and grant fund
review committee), the Indiana finance authority, the corporation
for innovation development, or the lieutenant governor that
concerns a grant, loan, bond, tax incentive, or financial guarantee.
(8) A decision to issue or not issue a complaint, summons, or
similar accusation.
(9) A decision to initiate or not initiate an inspection,
investigation, or other similar inquiry that will be conducted by
the agency, another agency, a political subdivision, including a
prosecuting attorney, a court, or another person.
(10) A decision concerning the conduct of an inspection,
investigation, or other similar inquiry by an agency.
(11) The acquisition, leasing, or disposition of property or
procurement of goods or services by contract.
(12) Determinations of the department of workforce development
under IC 22-4.1-4-1.5(c)(1).
(13) A decision under IC 9-30-12 of the bureau of motor vehicles
to suspend or revoke a driver's license, a driver's permit, a vehicle
title, or a vehicle registration of an individual who presents a
dishonored check.
(14) An action of the department of financial institutions under IC 28-1-3.1 or a decision of the department of financial institutions
to act under IC 28-1-3.1.
(15) A determination by the NVRA official under IC 3-7-11
concerning an alleged violation of the National Voter Registration
Act of 1993 (42 U.S.C. 1973gg) or IC 3-7.
(16) Imposition of a civil penalty under IC 4-20.5-6-8 if the rules
of the Indiana department of administration provide an
administrative appeals process.
(17) A determination of status as a member of or participant in an
environmental performance based program developed and
implemented under IC 13-27-8.
(18) An action of the bureau of motor vehicles subject to review
under IC 9-33.

Legislative History

As added by P.L.18-1986, SEC.1. Amended by P.L.29-1988, SEC.1; P.L.3-1989, SEC.23; P.L.35-1989, SEC.1; P.L.1-1990, SEC.34; P.L.23-1990, SEC.1; P.L.11-1990, SEC.103; P.L.10-1991, SEC.6; P.L.2-1991, SEC.20; P.L.11-1991, SEC.20; P.L.12-1995, SEC.95; P.L.21-1995, SEC.8; P.L.2-1996, SEC.211; P.L.172-1999, SEC.10; P.L.4-2005, SEC.19; P.L.229-2005, SEC.1; P.L.235-2005, SEC.60; P.L.1-2006, SEC.70; P.L.161-2006, SEC.1; P.L.100-2006, SEC.1; P.L.1-2007, SEC.16; P.L.6-2012, SEC.16; P.L.69-2015, SEC.2; P.L.198-2016, SEC.6; P.L.78-2019, SEC.1.