1. (a) This section applies to a recipient of an enforcement action taken by the division of public health through its powers, functions, and duties described in section 31(a) of this chapter in response to:

   1. (1) a declared local public health emergency determined by a local health department or local health officer; or
   2. (2) a disaster emergency declared by the governor under IC 10-14-3-12 .
2. (b) A recipient of any enforcement action described in subsection

3. (a) may:

   1. (1) appeal the enforcement action under section 31.5 of this chapter; or

   2. (2) bring an action directly in the circuit or superior court.

      However, a recipient who brings an action directly in the circuit or superior court waives the right to appeal under section 31.5 of this chapter, and any appeal under section 31.5 of this chapter that is pending at the time the recipient files an action in the circuit or superior court is dismissed by operation of law.

As added by P.L.219-2021, SEC.15.