§ 4-21-5-2-5-2

This chapter does not apply:(1) if the agency conducting the inspection determines that the alleged violation:(A) represents intentional misconduct or an act of fraud by a responsible person or an agent of the responsible person;(B) is not correctable within a reasonable time, as determined by the agency;(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;(D) constitutes an immediate risk to:(i) any person;(ii) the public health, safety, or welfare; or(iii) the environment; or(E) constitutes a major violation of the agency's rules as expressly provided by the rules of the agency;(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:(A) imposes a sanction on a person; or(B) terminates a legal right, duty, privilege, immunity, or other legal interest of a person;(3) if application of this chapter to a violation would violate a federal law or regulation;(4) if the alleged violation is a violation of:(A) a rule

ge, immunity, or other legal interest of a person;(3) if application of this chapter to a violation would violate a federal law or regulation;(4) if the alleged violation is a violation of:(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(B) an ethics code;(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;(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;(7) to a day care regulation under IC 12-17.2; or(8) to the responsibilities of the department of child services under IC 31.As added by P.L.215-2017, SEC.2. Amended by P.L.56-2023, SEC.25.