CHAPTER 3. EXECUTIVE DIRECTOR
IC 10-19-3
Chapter 3. Executive Director
IC 10-19-3-1
Appointment
Sec. 1. The governor shall appoint an individual to be the
executive director of the department.
As added by P.L.22-2005, SEC.17.
IC 10-19-3-2
Service; compensation
Sec. 2. The executive director:
(1) serves at the governor's pleasure; and
(2) is entitled to receive compensation in an amount set by the
governor.
As added by P.L.22-2005, SEC.17.
IC 10-19-3-3
Duties
Sec. 3. The executive director shall do the following:
(1) Serve as the chief executive and administrative officer of the
department.
(2) Serve as the director of the council.
(3) Administer the application for, and disbursement of, federal
and state homeland security money for all Indiana state and
local governments.
(4) Develop a single strategic plan for preparing and responding
to homeland security emergencies in consultation with the
council.
(5) Serve as the state coordinating officer under federal law for
all matters relating to emergency and disaster mitigation,
preparedness, response, and recovery.
(6) Use and allocate the services, facilities, equipment,
personnel, and resources of any state agency, on the governor's
behalf, as is reasonably necessary in the preparation for,
response to, or recovery from an emergency or disaster situation
that threatens or has occurred in Indiana.
(7) Develop a plan to protect key state assets and public
infrastructure from a disaster or terrorist attack.
As added by P.L.22-2005, SEC.17. Amended by P.L.101-2006,
SEC.18; P.L.27-2010, SEC.4.
IC 10-19-3-4
Appointment of employees
Sec. 4. The executive director may appoint employees in the
manner provided by IC 4-15-2 and fix their compensation, subject to
the approval of the budget agency under IC 4-12-1-13.
As added by P.L.22-2005, SEC.17.
IC 10-19-3-5
Delegation of authority
Sec. 5. The executive director may delegate the executive
director's authority to the appropriate department staff.
As added by P.L.22-2005, SEC.17.
IC 10-19-3-6
Ultimate authority for administrative proceedings
Sec. 6. For purposes of IC 4-21.5, the executive director, or the
executive director's designee, is the ultimate authority for the
department.
As added by P.L.22-2005, SEC.17.
IC 10-19-3-7
Adoption of rules; exceptions
Sec. 7. (a) Except as provided in this section, for purposes of
IC 4-22-2, the executive director is the authority that adopts rules for
the department.
(b) The Indiana emergency medical services commission is the
authority that adopts rules under IC 16-31.
(c) Except as provided in subsection (e) or (f), the fire prevention
and building safety commission is the authority that adopts rules
under any of the following:
(1) IC 22-11.
(2) IC 22-12.
(3) IC 22-13.
(4) IC 22-14.
(5) IC 22-15.
(d) The board of firefighting personnel standards and education
is the authority that adopts rules under IC 22-14-2-7(c)(7) and
IC 36-8-10.5.
(e) The boiler and pressure vessel rules board established by
IC 22-12-4-1 is the authority that adopts:
(1) emergency rules under IC 22-13-2-8(c); and
(2) rules under IC 22-15-6.
(f) The regulated amusement device safety board established by
IC 22-12-4.5-2 is the authority that adopts rules under IC 22-15-7.
As added by P.L.22-2005, SEC.17.