Administrative Review
Overview
If you have received an order from the Indiana Department of Homeland Security (IDHS), one of its offices or divisions, a board or commission IDHS provides staff support to, a fire department enforcing a fire safety law, or political subdivision concerning a Class 2 structure, you may be entitled to request administrative review of the order as laid out here. The following is meant to provide you general information about the administrative review process and other informal options that may be available to you, and also provide access to the database of final orders for IDHS and the boards and commissions it supports. However, not all information contained below may apply to your specific case, and the requirements contained in your order must be followed regardless of the information contained on this page. Therefore, it is advised that you carefully read your order to be aware of what procedures must be followed. If you have any further questions, after reading your order and the information here, please call IDHS at 317-232-2222.
Options
In general, after receiving an order, you must comply with its requirements; however, if you dispute the application of an order, the following options are available to you:
- You may request an informal review of the order by IDHS, if the order was issued by the IDHS or a fire department. This review offers an informal venue for individuals to raise their issues directly with IDHS staff.
- You may file a petition for review. This filing initiates a formal adversarial proceeding before an administrative law judge who will review the matter de novo and issue an order after applying the law to the facts of the case.
In addition to the above options, you may also:
- Request a written interpretation of a building or fire safety law, if you are in a dispute with a county or municipality regarding its interpretation. Directions on how to request a written interpretation can be found on the Request for Written Interpretation page.
- Request a variance or waiver from a rule. A variance or a waiver request is appropriate if you believe that the law was appropriately applied in your case, but its application causes an undue hardship and your noncompliance with the rule will not produce adverse effects.
- Visit the Boards and Commissions page for information regarding variances from the rules of the boards and commissions affiliated with IDHS.
- Visit the Variances page for information regarding variances from the Fire Prevention and Building Safety Commission's rules.