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Indiana Code Title 25. Professions and Occupations § 25-1-5.3-2

Current as of January 02, 2024 | Updated by FindLaw Staff

Sec. 2. (a) If a licensee or applicant believes that the agency or a board has failed to adopt a licensure rule within six (6) months of the enactment date, an applicant or licensee who has suffered a material detriment as a result of a noncompliant licensure rule may seek damages from the agency or board by bringing an action in a court of competent jurisdiction.

(b) A court shall not certify a class in any matter seeking damages under this section.

(c) In a matter seeking damages under this section, a court may order the following:

(1) An injunction requiring adoption of a compliant interim licensure rule not earlier than six (6) months from the date of the order.

(2) Damages equal to the amount of the material detriment caused by the noncompliant licensure rule, including prospective damages through the date established under subdivision (1).

(3) Court costs and attorney's fees.

(d) IC 34-13-3 applies to an action brought under this section.

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Cite this article: FindLaw.com - Indiana Code Title 25. Professions and Occupations § 25-1-5.3-2 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-25-professions-and-occupations/in-code-sect-25-1-5-3-2/

Read this complete Indiana Code Title 25. Professions and Occupations § 25-1-5.3-2 on Westlaw

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