-IR- Database Guide
-IR- Database: Indiana Register

STATE OF INDIANA
EXECUTIVE DEPARTMENT
INDIANAPOLIS

EXECUTIVE ORDER: 20-33

FOR: FURTHER EXTENSIONS OF PRIOR DIRECTIVES


TO ALL WHOM THESE PRESENTS MAY COME, GREETINGS:

WHEREAS, on March 6, 2020, I issued Executive Order 20-02 [20200311-IR-GOV200091EOA] which declared that a public health emergency exists throughout the State of Indiana as a result of the coronavirus disease 2019 (COVID-19) outbreak in the United States and a confirmed report of the disease in our State and this initial declaration has been extended by me in Executive Orders 20-17 [20200422-IR-GOV200236EOA], 20-25 [20200513-IR-GOV200250EOA] & 20-30 [20200701-IR-GOV200349EOA];

WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 to be a global pandemic and, on March 13, 2020, the President of the United States declared a national emergency with respect to this dangerous virus;

WHEREAS, as of the date of this Executive Order, the virus has now spread to every county in our State, with over 45,000 confirmed cases and over 2,400 deaths;

WHEREAS, those who work in clinics, hospitals, and care facilities are heroes fighting this disease and are being stretched to capacity and beyond, requiring additional steps to reinforce them;

WHEREAS, the financial impact on Hoosiers has been significant and severe with Indiana's unemployment rate increasing from 3.3% in May 2019 to 17.5% in April 2020 with a decline to 12.3% in May 2020;

WHEREAS, as Governor, under Indiana's Emergency Management and Disaster Law, Ind. Code ch. 10-14-3 ("Emergency Disaster Law"), I have authority to take actions necessary to prepare for, respond to and address a public health disaster emergency including the following:

° making, amending and rescinding the necessary orders, rules and regulations to carry out the response to a public health disaster emergency;

° suspending the provisions of any regulatory statute prescribing the procedures for conduct of state business, including the orders, rules or regulations of any state agency if strict compliance with any of these provisions would in any way prevent, hinder, or delay necessary action in coping with the emergency;

° transferring the direction, personnel, or functions of state departments and agencies or units for performing or facilitating emergency services; and

° using any and all available resources of state government and of each political subdivision of our State as reasonably necessary to cope with the public health disaster emergency;

NOW, THEREFORE, I, Eric J. Holcomb, by virtue of the authority vested in me as Governor by the Indiana Constitution and the laws of the State of Indiana, do hereby order:

1. Prohibition on Residential Rental Property Evictions and Mortgage Foreclosures Extended

a. Eviction Prohibition Extended: Except as provided in subsection 1.c. below, the prohibition on filing eviction actions or proceedings involving residential rental property, as provided for in Executive Order 20-06 [20200422-IR-GOV200192EOA] and as extended by Executive Order 20-28 [20200701-IR-GOV200347EOA] to June 30, 2020, is further extended to July 31, 2020, after which time it shall expire.

b. Foreclosure Prohibition Extended: Except as provided in subsection 1.d. below, the prohibition on filing foreclosure actions or proceedings involving residential real estate or property as provided for in Executive Order 20-06 [20200422-IR-GOV200192EOA] and as extended by Executive Order 20-28 [20200701-IR-GOV200347EOA] to June 30, 2020, is further extended to July 31, 2020 at which time it shall expire. This directive does not impact the federal "Foreclosure and Eviction Moratorium in Connection with the Presidentially-Declared COVID-19 National Emergency," which announces an immediate foreclosure and eviction moratorium for all FHA-insured single-family mortgages through August 31, 2020.

c. Emergency Evictions: Notwithstanding the prohibition on filing evictions being continued through July 31, 2020, a landlord may institute an emergency eviction or possessory claim under the limited circumstances set forth in Indiana Code ch. 32-31-6 which permits evictions where there is specific immediate and serious injury, loss or damage to the property, however, evictions for nonpayment of rent are not permitted until on or after August 1, 2020.

d. Emergency Foreclosures: Notwithstanding the prohibition on filing foreclosures and unless prohibited by federal law, a lending institution is no longer prohibited from instituting a foreclosure action where the property is vacant or abandoned or where there is a specific immediate and serious injury, loss or damage to the property, however, foreclosures for nonpayment of mortgages are not permitted until on or after August 1, 2020.

e. Establishment of Payment Plans for Rent & Mortgage Payments: Landlords and tenets [sic] and lending institutions and property owners are strongly encouraged to work together to establish reasonable payment plans for past due rent or mortgage payments.

2. Prohibition on Discontinuing Utility Services

a. Regulated Utility Companies: Utilities regulated by the Indiana Utility Regulatory Commission (IURC) must follow the relevant order in Cause Number 45377 issued June 29, 2020, by the IURC.

b. Non-regulated Utility Companies: The prohibition on discontinuing utility services as provided for in Executive Order 20-05 [20200401-IR-GOV200191EOA] and extended to June 30, 2020, in Executive Order 20-28 [20200701-IR-GOV200347EOA] is further extended until August 14, 2020. Utility companies, municipalities and customers are encouraged to work together to establish reasonable payment plans for past due accounts. Utility companies are strongly encouraged to offer payment plans of at least six months to all customers. Customers and utilities should set up payment arrangements as soon as possible to avoid later discontinuation of utility service.

3. Temporary Licensing of Health Care Workers Extended

As provided by Executive Orders 20-13 [20200422-IR-GOV200232EOA], 20-19 [20200422-IR-GOV200238EOA] & 20-21 [20200422-IR-GOV200240EOA], any individual in the below categories who received an initial 90-day temporary authorization to provide health care in the State of Indiana in response to this public health emergency because he or she was not currently licensed to practice in the state, either because their Indiana license is no longer active or they are licensed by another state, are granted an additional 90-day authorization to continue to provide health care services during this public health emergency notwithstanding prior provisions which stated renewals would be in 30-day increments. All application procedures for reinstatement or approval will be reinstituted and must be followed upon expiration of these temporary licenses or the lifting of the COVID-19 public health emergency. This 90-day extension applies to the following health care workers who have been granted an initial 90-day temporary license:

a. Retired Health Care Professionals: Any health care professional whether licensed in the state or not, who within the past five years has retired or surrendered his or her license or whose license is otherwise inactive but whose license was not revoked, suspended or relinquished.

b. Physician Assistant Students. Physician assistant students who have successfully completed all required course work at an accredited school, have applied for a license with the Professional Licensing Agency (PLA) and supplied the PLA a certificate of completion.

c. Nursing Students: Nursing students who have successfully completed all required course work at an accredited school, have applied for a license with the PLA and have supplied PLA a certificate of completion.

d. Respiratory Care Practitioner Students. Respiratory care practitioner students who have successfully completed all required course work at an approved school, have applied for a license with the Professional Licensing Agency and supplied PLA a certificate of completion.

e. Out-of-State Health Care Professionals: Individuals who are currently licensed by another state and who were previously authorized to provide health care services in Indiana pursuant to Executive Order 20-05 [20200401-IR-GOV200191EOA].

f. Graduate Pharmacists: Pharmacy students who have successfully completed all required course work at an accredited school, have applied for licensure with the PLA, and have supplied PLA a certificate of completion.

4. Registration Requirement for Certain Indiana or Out-of-State Health Care Providers

Professionals who are granted a temporary license to provide health care services in the state in response to this public health emergency must register with the PLA via their website at www.in.gov/pla.

IT IS SO ORDERED.
  IN TESTIMONY WHEREOF, I, Eric J. Holcomb, have hereunto set my hand and caused to be affixed the Great Seal of the State of Indiana, on this 30th day of June, 2020. 
   
  Eric J. Holcomb 
  Governor of Indiana 
SEAL   
ATTEST:  Connie Lawson 
  Secretary of State 

Posted: 08/12/2020 by Legislative Services Agency

DIN: 20200812-IR-GOV200411EOA
Composed: May 16,2024 10:49:24PM EDT
A PDF version of this document.