{"data":{"id":"us-in/ic-4-21.5-2.5-2","jurisdiction":"us-in","citation":"IC 4-21.5-2.5-2","heading":"Exemptions","body":"Sec. 2. This chapter does not apply:\n(1) if the agency conducting the inspection determines that the alleged violation:\n(A) represents intentional misconduct or an act of fraud by a responsible person or an agent of the responsible person;\n(B) is not correctable within a reasonable time, as determined by the agency;\n(C) demonstrates, by a continuing pattern of conduct, a willful disregard by the responsible person of the person's obligation to remedy the errors after the responsible person becomes aware of the errors;\n(D) constitutes an immediate risk to:\n(i) any person;\n(ii) the public health, safety, or welfare; or\n(iii) the environment; or\n(E) constitutes a major violation of the agency's rules as expressly provided by the rules of the agency;\n(2) if another statute (including IC 13-30) provides a substantially similar procedure for correction of an alleged violation of a rule or state statute before the agency:\n(A) imposes a sanction on a person; or\n(B) terminates a legal right, duty, privilege, immunity, or other legal interest of a person;\n(3) if application of this chapter to a violation would violate a federal law or regulation;\n(4) if the alleged violation is a violation of:\n(A) a rule or state statute governing the conduct of an agency employee or contractor in the procurement or performance of services or the delivery of property to a governmental entity; or\n(B) an ethics code;\n(5) if the alleged violation was discovered as part of the preparation of a health care licensing and certification survey by the Indiana department of health;\n(6) if the alleged violation constitutes an act or omission that is charged by a state law enforcement agency as a crime or delinquent act or the agency forwards notice of the alleged violation to the attorney general, a state or local law enforcement agency, or a prosecuting attorney for investigation or prosecution as a crime or delinquent act;\n(7) to a day care regulation under IC 12-17.2; or\n(8) to the responsibilities of the department of child services under IC 31.","path":["TITLE 4. STATE OFFICES AND ADMINISTRATION","ARTICLE 21.5. ADMINISTRATIVE ORDERS AND PROCEDURES","Chapter 2.5. Opportunity to Correct"],"source_url":"https://iga.in.gov/ic/2026/Title_4.html#4-21.5-2.5-2","current_through":"2026","vintage":"2026","retrieved_at":"2026-08-30T06:26:00Z","sha256":"8fb5173f0d47422de0707b421fce64dab0cab3cd26e03242ce131172aec6c221","source_id":"us-in","stale":false,"prev":"us-in/ic-4-21.5-2.5-1","next":"us-in/ic-4-21.5-2.5-3"},"notice":"GroundRules: Original legal text. Not legal advice."}