Indiana Administrative Code Title 40 - STATE ETHICS COMMISSION

Indiana Administrative Code – Title 40: State Ethics Commission

Title 40 of the Indiana Administrative Code (IAC) governs the rules and procedures of the Indiana State Ethics Commission and the Office of Inspector General (OIG). It establishes the standards of ethical conduct for state officers, employees, and special state appointees in the executive branch of Indiana’s government.

🔑 Key Chapters and Subjects in Title 40 IAC:

40 IAC 1-1Definitions and General Provisions

Provides definitions for terms used throughout the ethics rules (e.g., “employee,” “conflict of interest,” etc.).

40 IAC 1-2State Ethics Commission Procedures

Describes how the Commission operates.

Includes complaint procedures, hearings, and sanctions.

Establishes due process rights for individuals involved in ethics investigations.

40 IAC 2-1Code of Ethics (Repealed and Replaced)

40 IAC 2-1.5New Code of Ethics (Current)

This is the core ethical code for state officers and employees, covering:

Conflict of interest (financial interest in decisions)

Use of state property for personal gain

Moonlighting/Outside employment rules

Post-employment restrictions

Gifts and honoraria (limitations on receiving gifts from regulated entities or lobbyists)

Nepotism (restrictions on employment of relatives)

40 IAC 3Gift Reporting and Waiver Provisions

Specifies what gifts must be disclosed.

Outlines procedures for seeking waivers for certain gift restrictions.

👥 Entities Governed by Title 40:

Executive branch state officers (e.g., agency heads)

State employees and special state appointees

Applies only to executive branch, not legislative or judicial officers.

⚖️ Enforcement & Advisory:

Indiana State Ethics Commission: Interprets the rules and issues advisory opinions.

Office of Inspector General (OIG): Investigates complaints, conducts ethics training, and assists in enforcement.

🧭 Purpose:

Title 40 ensures accountability, transparency, and integrity within Indiana’s executive agencies. It also helps prevent misuse of state resources and conflicts of interest.

 

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