Sec. 2. This chapter does not apply: (1) if the agency conducting the inspection determines that the alleged violation: (A) represents intentional misconduct or an act of fraud by a responsible person or an agent of the responsible person; (B) is not correctable within a reasonable time, as determined by the agency; (C) demonstrates, by a continuing pattern of conduct, a willful disregard by the responsible person of the person's obligation to remedy the errors after the responsible person becomes aware of the errors; (D) constitutes an immediate risk to: (i) any person; (ii) the public health, safety, or welfare; or (iii) the environment; or (E) constitutes a major violation of the agency's rules as expressly provided by the rules of the agency; (2) if another statute (including IC 13-30 ) provides a substantially similar procedure for correction of an alleged violation of a rule or state statute before the agency: (A) imposes a sanction on a person; or (B) terminates a legal right, duty, privilege, immunity, or other legal interest of a person; (3) if application of this chapter to a violation would violate a federal law or regulation; (4) if the alleged violation is a violation of: (A) a rule or state statute governing the conduct of an agency employee or contractor in the procurement or performance of services or the delivery of property to a governmental entity; or (B) an ethics code; (5) if the alleged violation was discovered as part of the preparation of a health care licensing and certification survey by the Indiana department of health; (6) if the alleged violation constitutes an act or omission that is charged by a state law enforcement agency as a crime or delinquent act or the agency forwards notice of the alleged violation to the attorney general, a state or local law enforcement agency, or a prosecuting attorney for investigation or prosecution as a crime or delinquent act; (7) to a day care regulation under IC 12-17.2 ; or (8) to the responsibilities of the department of child services under IC 31 .
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