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To: icwhatudo
Right of entry - 410 IAC 6-10-4 Sec. 4. The board, the local health department, or their authorized representatives may enter upon public or private property at reasonable times and upon presentation of credentials to inspect facilities, equipment, or records, investigate allegations, determine soil characteristics, conduct tests, or collect samples for the purpose of obtaining information necessary to the issuance of a permit pursuant to 410 IAC 6-10 [this rule], or to determine whether any person is subject to, or in violation of 410 IAC 6-10 [this rule] or any permit or order issued pursuant thereto.

Whew! Overly broad and vague. From the tape you could make the case the Inspector did not properly present credentials nor cite any statute or authority for her action. "Julie W"? Really.

I might remind you the BTK killer was a "code compliance" enforcement agent who literally measured the height of suburban lawns to ensure they did not exceed the regulated height.

Best regards,

11 posted on 05/10/2007 10:01:49 PM PDT by Copernicus (Mary Carpenter Speaks About Gun Control http://www.youtube.com/view_play_list?p=7CCB40F421ED4819)
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To: Copernicus
Indiana State Health Inspector law. IC 16-20-1-23.
A health officer, upon hearing of the existence of such unlawful conditions within the officer's jurisdiction, shall order the abatement of those conditions. The order must:
(1) be in writing if demanded;
(2) specify the conditions that may transmit disease; and
(3) name the shortest reasonable time for abatement.
In writing, as opposed to "Hey I'm here."

But what if a person denies entry...

Indiana State Health Inspector law. IC 16-20-1-23. c)
If a person refuses or neglects to obey an order issued under this section, the attorney representing the county of the health jurisdiction where the offense occurs shall, upon receiving the information from the health officer, institute proceedings in the courts for enforcement. An order may be enforced by injunction. If the action concerning public health is a criminal offense, a law enforcement authority with jurisdiction over the place where the offense occurred shall be notified.

14 posted on 05/11/2007 12:08:22 AM PDT by Drammach ("If you make yourselves sheep, the wolves will eat you." -- Benjamin Franklin)
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