Section 750IAC9-5-2. Department authority  


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  •    (a) In addition to other powers granted by this article, the department, within the limitations provided by law, may:

    (1) receive and act on complaints, take action designed to obtain voluntary compliance with this article, or commence proceedings on the department's own initiative;

    (2) counsel persons and groups on their rights and duties under this article;

    (3) adopt, amend, and repeal orders, policies, guidance, and forms to carry out this article;

    (4) appoint any necessary attorneys, hearing examiners, clerks, and other employees and agents and fix their compensation, and authorize attorneys appointed under this section to appear for and represent the department in court.

      (b) Liability may not be imposed under this article for an act done or omitted in conformity with a written notice, written opinion, written interpretation, or written directive of the department notwithstanding the fact that after the act is done or omitted the written notice, written opinion, written interpretation, or written directive is for any reason:

    (1) amended or repealed; or

    (2) determined by judicial or other authority to be invalid.

    (Department of Financial Institutions; 750 IAC 9-5-2; emergency rule filed Jul 23, 2009, 4:14 p.m.: 20090729-IR-750090577ERA; readopted filed Dec 1, 2015, 9:28 a.m.: 20151230-IR-750150336RFA)