Indiana § 4-22-2-28.2 Notice of rule violation by small businesses; immunity from liability in
administrative action; corrective action required; confidentiality of
information

Indiana Statutes

§ 4-22-2-28.2 — Notice of rule violation by small businesses; immunity from liability in administrative action; corrective action required; confidentiality of information

Indiana § 4-22-2-28.2

Art. 22ADMINISTRATIVE RULES AND PROCEDURES

Ch. 2Adoption of Administrative Rules

This text of Indiana § 4-22-2-28.2 (Notice of rule violation by small businesses; immunity from liability in administrative action; corrective action required; confidentiality of information) 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 § 4-22-2-28.2 (2026).

Text

2.

(a)This section applies to a violation described in subsection (c) that occurs after June 30, 2005. However, in the case of a violation of a rule adopted under IC 13-14-9 by the department of environmental management or the board (as defined in IC 13-13-8-1), the procedures set forth in IC 13-30-4-3 and IC 13-30-7 apply instead of this section.

(b)As used in this section, "small business" has the meaning set forth in section 28.1(a) of this chapter.

(c)Except as provided in subsection (d), a small business that voluntarily provides notice to an agency of the small business's actual or potential violation of a rule adopted by the agency under this chapter is immune from civil or criminal liability resulting from an agency action relating to the violation if the small business does the

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

2. (a) This section applies to a violation
described in subsection (c) that occurs after June 30, 2005. However,
in the case of a violation of a rule adopted under IC 13-14-9 by the
department of environmental management or the board (as defined in
IC 13-13-8-1), the procedures set forth in IC 13-30-4-3 and IC 13-30-7
apply instead of this section.
(b) As used in this section, "small business" has the meaning set
forth in section 28.1(a) of this chapter.
(c) Except as provided in subsection (d), a small business that
voluntarily provides notice to an agency of the small business's actual
or potential violation of a rule adopted by the agency under this chapter
is immune from civil or criminal liability resulting from an agency
action relating to the violation if the small business does the following:
(1) Provides written notice of the violation to the agency not later
than forty-five (45) days after the small business knew or should
have known that the violation occurred.
(2) Corrects the violation within a time agreed to by the agency
and the small business. However, the small business shall be
given at least ninety (90) days after the date of the notice
described in subdivision (1) to correct the violation. The small
business may correct the violation at any time before the
expiration of the period agreed to under this subdivision.
(3) Cooperates with any reasonable request by the agency in any
investigation initiated in response to the notice.
(d) A small business is not immune from civil or criminal liability
relating to a violation of which the small business provides notice
under subsection (c) if any of the following apply:
(1) The violation resulted in serious harm or in imminent and
substantial endangerment to the public health, safety, or welfare.
(2) The violation resulted in a substantial economic benefit that
afforded the small business a clear advantage over the small
business's competitors.
(3) The small business has a pattern of continuous or repeated
violations of the rule at issue or any other rules of the agency.
(e) Information that a small business provides under this section,
including actions and documents that identify or describe the small
business, to an agency in providing notice of the small business's actual
or potential violation of a rule adopted by the agency is confidential,
unless a clear and immediate danger to the public health, safety, or
welfare or to the environment exists. Information described in this
subsection may not be made available for use by the agency for
purposes other than the purposes of this section without the consent of
the small business.
(f) Voluntary notice of an actual or a potential violation of a rule
that is provided by a small business under subsection (c) is not
admissible as evidence in a proceeding, other than an agency
proceeding, to prove liability for the rule violation or the effects of the
rule violation.