36-8-3.5-10. Rules; adoption; notice and hearing

IN Code § 36-8-3.5-10 (2019) (N/A)
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Sec. 10. (a) Within ninety (90) days after the commission is selected, the commission shall adopt rules governing:

(1) the selection and appointment of persons to be employed as members of the department, subject to applicable pension statutes;

(2) promotions and demotions of members of the department; and

(3) disciplinary action or dismissal of members of the department.

(b) Before the rules required by this chapter are adopted by the commission, the commission must hold a public hearing to consider the adoption of the proposed rules. At least ten (10) days before the public hearing, the commission must have a notice of the hearing published in accordance with IC 5-3-1. The notice must state the time and place of the hearing and give briefly the subject matter of the proposed rules.

(c) At least ten (10) days before the hearing, one (1) copy of the proposed rules must be placed on file in the office of the:

(1) clerk of a county, city, or town; or

(2) executive of a township;

for inspection by residents of the unit.

(d) At least ten (10) days before the hearing, three (3) copies of the proposed rules must be forwarded to the chief of the department and retained on file in the chief's office for inspection at all times by members of the department.

(e) At the hearing, any interested person of the unit and any member of the department must be afforded an opportunity to present both oral and written evidence on any matter relating to the adoption of the proposed rules. The commission shall give due consideration to this evidence in making its final decision concerning the adoption of the proposed rules.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.180-2002, SEC.5.