675 IAC 12-5-9 Sanctions imposed on previously issued variances

Sec. 9. (a) The department or the commission (whichever body made the determination on the variance) may impose a sanction concerning a variance it has previously issued under IC 22-12-7-7. Available sanctions are as follows: (1) Revocation. (2) Suspension. (3) Censure. (4) Reprimand. (5) Probation. (b) The: (1) department; (2) commission; (3) local fire official; (4) local building official; and (5) individuals affected by the variance; may submit information to the commission concerning the desirability of the imposition of such a sanction. (c) The department or the commission (whichever body issued the variance) may impose an appropriate sanction whenever one (1) or more of the following exists: (1) The variance was obtained by the applicant by fraudulent or misleading statements or information. (2) Notification of the required local officials required by section 5.1 of this rule was not given. (3) There has not been compliance with an alternative requirement contained in the variance. (4) Circumstances have materially changed since a variance was granted so that, if the sanction is not imposed, public health, safety, or welfare will be adversely affected. (d) The order imposing a sanction shall be issued under the requirements of IC 4-21.5-3-6. If a petition for review is subsequently granted under IC 4-21.5-3-7, that order shall be deemed to have been merely a preliminary determination. (e) Sanctions under this section may be imposed under IC 22-12-7-6 and IC 4-21.5-4 where appropriate.