Sec. 3. (a) This section does not apply to the enforcement of a subpoena, discovery order, or protective order issued by an agency under this article.
(b) Nothing in this chapter limits or precludes civil action under IC 13-30-1.
(c) Any party to a proceeding concerning an agency's order may file a petition for civil enforcement of that order.
(d) The action may not be commenced under this section if:
(1) less than sixty (60) days has elapsed since the petitioner gave notice of the alleged violation and of the petitioner's intent to seek civil enforcement to the head of the agency concerned, to the attorney general, and to each alleged violator against whom the petitioner seeks civil enforcement;
(2) the agency has filed and is diligently prosecuting a petition for civil enforcement of the same order against the same defendant; or
(3) a petition for review of the same order has been filed and is pending in court.
(e) The petition under this section must name as defendants each alleged violator against whom the petitioner seeks civil enforcement.
(f) The agency whose order is sought to be enforced is not a party to an action under this section unless the agency moves to intervene. The court shall grant an agency's motion to intervene and shall allow the agency to intervene as a plaintiff or defendant.
(g) The agency whose order is sought to be enforced under this section may move to dismiss on the grounds that the petition fails to qualify under this section or that enforcement would be contrary to the policy of the agency. The court shall grant the motion to dismiss unless the petitioner demonstrates that:
(1) the petition qualifies under this section; and
(2) the agency's failure to enforce its order is based on an exercise of discretion that is improper on one (1) or more of the grounds provided in IC 4-21.5-5-14.
(h) Except to the extent expressly authorized by law, a petition for civil enforcement filed under this section may not request, and the court may not grant, any monetary payment apart from taxable costs.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.25; P.L.1-1996, SEC.26.
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