reglab/housing_qa huggingface dataset:
IN Code § 9-32-16-5 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 16. Administration and Legal Proceedings|9-32-16-5. Dealers to Provide Staff of Division Access to Dealer's Premises and Records

Sec. 5. (a) All dealers licensed under this article with the division shall, upon request, provide members of the staff of the division prompt access, during reasonable business hours, to that part of the premises at the dealer's place of business where:(1) documents are stored; or(2) motor vehicle sales are offered, made, or processed.(b) The secretary must notify a dealer of a request for access to the dealer's place of business under subsection (a) at least three (3) days before access is needed. However, if the secretary is conducting an investigation under section 14 of this chapter, members of the staff of the division, at any time and without prior notice, may request access to the dealer's place of business under subsection (a).(c) The following apply to records of a dealer licensed under this article:(1) The records are subject to such reasonable periodic, special, or other audits or inspections by a representative of the secretary, outside or within Indiana, as the secretary considers necessary or appropriate in the public interest and for the protection of investors.(2) The secretary may audit or inspect electronic records at any time and without prior notice.(3) The secretary must notify a dealer of an audit or inspection of the dealer's paper records at least three (3) days before the audit or inspection. However, if the secretary is conducting an investigation under section 14 of this chapter, a representative of the secretary may audit or inspect the dealer's paper records at any time and without prior notice.(4) A representative of the secretary may copy and remove copies of the records the secretary reasonably considers necessary or appropriate to conduct an audit or inspection.(5) A representative of the secretary may request electronic copies of records the secretary reasonably considers necessary or appropriate to conduct an audit or inspection.(6) A:(A) representative of the secretary may make a request for records under this subsection electronically, by mail, or in person at the established place of business of the dealer during reasonable business hours; and(B) dealer shall produce such records in the manner requested by the representative of the secretary, including in person, electronically, or by mail.As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.112; P.L.120-2020, SEC.75.
IN Code § 9-32-16-6 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 16. Administration and Legal Proceedings|9-32-16-6. Dealer Required to Make and Maintain Records; Data Storage; Retention of Records

Sec. 6. (a) A dealer licensed or required to be licensed under this article shall make and maintain the records, accounts, correspondence, memoranda, papers, books, and other records required under this article.(b) Dealer records required to be maintained under this article may be maintained in any form of data storage acceptable to the secretary so long as the records are readily accessible and available to copy by an investigating or auditing employee of the secretary upon demand at the place of business of the dealer, electronically, or by mail.(c) Dealer records required to be maintained under this article must be maintained at the place of business of a dealer for a period of two (2) years. Following the two (2) year period, records may be moved offsite but must be maintained for a period of five (5) years.As added by P.L.92-2013, SEC.78. Amended by P.L.120-2020, SEC.76.
IN Code § 9-32-16-7 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 16. Administration and Legal Proceedings|9-32-16-7. Secretary of State to Provide Assistance to Other State or Foreign Jurisdiction

Sec. 7. At the request of the division or equivalent regulator of another state or foreign jurisdiction, the secretary may provide assistance if the requesting regulator states that the requesting regulator is conducting an investigation to determine whether a person has violated, is violating, or is about to violate a law or rule of the other state or foreign jurisdiction relating to dealer matters that the requesting regulator administers or enforces. The secretary may provide assistance by using the authority to investigate and the powers conferred by this article as the secretary determines are necessary or appropriate. The assistance may be provided without regard to whether the conduct described in the request would also constitute a violation of this article or other law of Indiana if occurring in Indiana. In deciding whether to provide the assistance, the secretary may consider:(1) whether the requesting regulator is permitted and has agreed to provide assistance reciprocally within the state or foreign jurisdiction of the requesting regulator to the secretary on dealer matters when requested;(2) whether compliance with the request would violate or prejudice the public policy of Indiana; and(3) the availability of resources and employees of the division to carry out the request for assistance.As added by P.L.92-2013, SEC.78.
IN Code § 9-32-16-8 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 16. Administration and Legal Proceedings|9-32-16-8. Person Required to Cooperate With Division; Failure to Cooperate

Sec. 8. (a) A person shall cooperate in an inquiry, investigation, or inspection conducted by, or on behalf of, the division for purposes of determining whether or not a person has violated or is about to violate any provision under this article. The willful failure of a person to cooperate, absent a bona fide claim of privilege, may:(1) be considered by the division a violation of statute; and(2) thus subject the person to denial, suspension, or revocation of licensing or a bar from licensing.(b) The following are examples of, but are not the only, conduct by a person that may be considered a failure to cooperate:(1) The failure to timely respond by way of appearance or production of documents to a subpoena or order issued by the division.(2) The failure to answer any question pertinent to inquiry unless the response to the question is subject to a bona fide claim of privilege.(3) The failure to grant division personnel access to:(A) the business premises of a dealer or a person required to be licensed as a dealer; or(B) the records and documents that the dealer or person required to be licensed as a dealer is required, by statute or rule, to make available for inspection.(4) The failure to attend a scheduled proceeding at which the appearance of the person is required. If a person elects to retain counsel for the purpose of representation in any such proceeding, it is the responsibility of the person to do so in a timely fashion. The failure of a person to retain counsel, absent a showing of good cause, does not require an adjournment of the proceeding.(5) The failure to timely respond to or to provide information requested under a demand under this chapter.(6) Aiding or abetting the failure of another person to cooperate.As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.113.
IN Code § 9-32-16-9 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 16. Administration and Legal Proceedings|9-32-16-9. Copying of Records

Sec. 9. (a) The division may copy records or require a dealer to copy records and provide the copies to the division to the extent and in the manner reasonable under the circumstances.(b) The division may impose a reasonable fee for the expense of making copies under subsection (a).As added by P.L.92-2013, SEC.78.
IN Code § 9-32-16-10 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 16. Administration and Legal Proceedings|9-32-16-10. Referrals to Local Prosecuting Attorney

Sec. 10. (a) The secretary or a designee of the secretary may refer the facts drawn from an investigation to the prosecuting attorney of the county in which a crime is alleged to have been committed.(b) The secretary may assist the prosecuting attorney in prosecuting an action brought subsequent to a referral made under subsection (a), which may include a division attorney serving as a special deputy prosecutor appointed by the prosecuting attorney.As added by P.L.92-2013, SEC.78.
IN Code § 9-32-16-12 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 16. Administration and Legal Proceedings|9-32-16-12. False or Misleading Statements or Omitted Facts

Sec. 12. It is a violation of this article for a person to:(1) make or cause to be made, in a record that is used in an action or proceeding or filed under this chapter, a statement that, at the time and in the light of the circumstances under which it is made, is false or misleading with respect to a material fact; or(2) in connection with a statement to the division or to a consumer, omit to state a material fact necessary to make the statement made, in light of the circumstances under which it was made, not false or misleading.As added by P.L.92-2013, SEC.78.
IN Code § 9-32-16-13 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 16. Administration and Legal Proceedings|9-32-16-13. Secretary of State to Maintain Injunctive Action; Court Remedy and Relief; Director Not Required to Post Bond; Penalties

Sec. 13. (a) If the secretary believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business:(1) that constitutes a violation of this article or a rule adopted or order issued under this article; or(2) that materially aids a violation of this article or a rule adopted or order issued under this article;the secretary or a designee of the secretary, in addition to any administrative remedies, may maintain an action in the circuit or superior court in the county where the investigation or inquiry in question is being conducted to enjoin the act, practice, or course of business and to enforce compliance with this article or a rule adopted or order issued under this article.(b) In an action under this section and on a proper showing, a court may:(1) issue a permanent or temporary injunction, restraining order, or declaratory judgment;(2) order other appropriate or ancillary relief, which may include:(A) an asset freeze, accounting, writ of attachment, writ of general or specific execution, and appointment of a receiver or conservator;(B) ordering a receiver or conservator appointed under clause (A) to:(i) take charge and control of the property of the respondent, including investment accounts and accounts in a depository institution, rents, and profits;(ii) collect debts; and(iii) acquire and dispose of property;(C) imposing a civil penalty of up to ten thousand dollars ($10,000) per violation and an order of rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this article or a rule adopted or order issued under this article; and(D) ordering the payment of prejudgment and postjudgment interest; or(3) order other relief that the court considers appropriate.(c) The director may not be required to post a bond in an action or proceeding under this article.(d) Penalties collected under this section shall be deposited in the dealer enforcement account established by IC 9-32-7-2.As added by P.L.92-2013, SEC.78.
IN Code § 9-32-16-15 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 16. Administration and Legal Proceedings|9-32-16-15. Dealers; Unfair Practices; Declaratory Judgment; Demand for Mediation; Mediation

Sec. 15. (a) A dealer who is injured by an unfair practice set forth in IC 9-32-13 or IC 9-32-15 may file a complaint or petition with the division.(b) A dealer who is injured by an unfair practice set forth in IC 9-32-13-27 may file a request for declaratory judgment with the division.(c) A dealer may not file a complaint, request for declaratory judgment under subsection (b) based on an alleged violation of IC 9-32-13-27, or petition with the division under subsection (a) based on an alleged violation of IC 9-32-13 or IC 9-32-15 by a manufacturer or distributor unless the dealer serves a demand for mediation upon the manufacturer or distributor:(1) before; or(2) at the same time as;filing the complaint, request for declaratory judgment, or petition. A demand for mediation must be in writing and served upon the manufacturer or distributor by certified mail at an address designated for the manufacturer or distributor in the licensor's records. The demand for mediation must contain a brief statement of the dispute and the relief sought by the dealer serving the demand.(d) Not later than twenty (20) days after the date the demand for mediation is served under subsection (c), the parties shall mutually select an independent mediator and meet with the mediator for the purpose of attempting to resolve the dispute. The meeting place must be within Indiana at a location selected by the mediator. The mediator may extend the period in which the meeting must occur for good cause shown by either party or upon stipulation of the parties.As added by P.L.92-2013, SEC.78. Amended by P.L.182-2021, SEC.25.
IN Code § 9-32-16-16 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 16. Administration and Legal Proceedings|9-32-16-16. Certain Actions Prohibited

Sec. 16. A dealer license or endorsement issued under this article or by the bureau of motor vehicles under IC 9-23 (before its repeal) may not be:(1) loaned;(2) leased;(3) sold;(4) transferred;(5) copied;(6) altered; or(7) reproduced.As added by P.L.174-2016, SEC.115. Amended by P.L.179-2017, SEC.96.
IN Code § 9-32-17-1 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 17. Penalties and Disciplinary Action|9-32-17-1. Civil Penalties

Sec. 1. A person who violates this article, a rule established under this article, or an order issued by the secretary under this article is subject to a civil penalty of up to ten thousand dollars ($10,000) for each act of violation. Civil penalties recovered under this section shall be paid to the state and deposited into the dealer enforcement account established by IC 9-32-7-2.As added by P.L.92-2013, SEC.78. Amended by P.L.151-2015, SEC.77.
IN Code § 9-32-17-7 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 17. Penalties and Disciplinary Action|9-32-17-7. Civil Penalties for Failure to Deliver Certificate of Origin or Title

Sec. 7. A person who fails to deliver or transmit a certificate of origin or title under IC 9-32-5-2 or IC 9-32-5-8 or fails to deliver or transmit timely a certificate of title under IC 9-32-4-1(d) is subject to the following civil penalties:(1) One hundred dollars ($100) for the first violation in a calendar year.(2) Two hundred fifty dollars ($250) for the second violation in a calendar year.(3) Five hundred dollars ($500) for all subsequent violations in a calendar year.Payment shall be made to the secretary and deposited in the dealer enforcement account established under IC 9-32-7-2.As added by P.L.92-2013, SEC.78. Amended by P.L.262-2013, SEC.142; P.L.27-2018, SEC.22.
IN Code § 9-32-17-9 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 17. Penalties and Disciplinary Action|9-32-17-9. Remedies for Violation Of, Attempting to Violate, or Assisting in a Violation Relating to Administration of Dealer Services

Sec. 9. In addition to all other remedies, the secretary may seek the following remedies against a person that violates, attempts to violate, or assists in a violation of or an attempt to violate IC 9-32-16:(1) An injunction.(2) Appointment of a receiver or conservator.(3) A civil penalty not to exceed ten thousand dollars ($10,000) per violation.(4) An action to enforce a civil penalty assessed under subdivision (3).Civil penalties recovered under this section shall be paid to the state and deposited into the dealer enforcement account established by IC 9-32-7-2.As added by P.L.92-2013, SEC.78.
IN Code § 9-32-18-1 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 18. Consumer Restitution Fund|9-32-18-1. "Fund"

Sec. 1. As used in this chapter, "fund" means the consumer restitution fund established by section 4 of this chapter.As added by P.L.179-2017, SEC.97.
IN Code § 9-32-18-2 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 18. Consumer Restitution Fund|9-32-18-2. "Qualifying Claim"

Sec. 2. As used in this chapter, "qualifying claim" means a claim that:(1) subject to section 5(b) of this chapter, is filed with the secretary on a form prescribed by the secretary; and(2) is based on:(A) a final judgment in a court with jurisdiction in Indiana that:(i) is issued in a case instituted or maintained by the office of the attorney general in connection with a case involving a violation by one (1) or more dealers of IC 9-19, IC 9-22, IC 9-32 or a rule adopted under the authority of IC 9-32, or IC 24-5-0.5; and(ii) awards restitution to one (1) or more qualifying individuals; or(B) a final administrative order issued under IC 9-32-16-2;(3) identifies each qualifying individual who:(A) has been awarded restitution in the order described in subdivision (2); and(B) seeks payment from the fund through the claim submitted;(4) attests that the dealer ordered to pay the restitution has not paid the full amount ordered with respect to each qualifying individual identified under subdivision (3); and(5) seeks payment from the fund of any amount of restitution:(A) ordered by the court or ordered under IC 9-32-16-2; and(B) not paid by the dealer ordered to pay the restitution with respect to each qualifying individual identified under subdivision (3).As added by P.L.179-2017, SEC.97.
IN Code § 9-32-18-3 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 18. Consumer Restitution Fund|9-32-18-3. "Qualifying Individual"

Sec. 3. As used in this chapter, "qualifying individual" means an Indiana resident who:(1) is a consumer victim who:(A) purchased a vehicle for personal use; or(B) otherwise conducted business with a dealership;(2) is awarded restitution by a final judgment in a court with jurisdiction in Indiana in a case that:(A) is instituted or maintained by the office of the attorney general and involves a violation described in section 2(2)(A)(i) of this chapter; or(B) is awarded restitution by administrative order under IC 9-32-16-2; and(3) assists or otherwise cooperates with the secretary in the investigation or enforcement of the case.As added by P.L.179-2017, SEC.97.
IN Code § 9-32-18-4 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 18. Consumer Restitution Fund|9-32-18-4. Consumer Restitution Fund Established; Deposits; Investments; Reversion to General Fund

Sec. 4. (a) The consumer restitution fund is established for the purpose of compensating qualifying individuals who submit qualifying claims to the secretary.(b) The fund consists of:(1) appropriations made to the fund by the general assembly;(2) grants, gifts, and donations intended for deposit in the fund; and(3) at the discretion of the secretary, money recovered or received by the secretary for consumer protection purposes, if use of the money is not otherwise restricted.(c) At the discretion of the secretary, the secretary may make an annual deposit from the dealer compliance account established by IC 9-32-7-1 or the dealer enforcement account established by IC 9-32-7-2, or both, into the fund.(d) The expenses of administering the fund shall be paid from the money in the fund.(e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.(f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.As added by P.L.179-2017, SEC.97.
IN Code § 9-32-18-5 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 18. Consumer Restitution Fund|9-32-18-5. Payment to Qualifying Individuals; Filing Claims; Timing

Sec. 5. (a) The secretary may not make a payment to a qualifying individual under section 4 of this chapter unless the dealer ordered to pay restitution to the qualifying individual has not paid the full amount of the restitution as described in section 2(2) of this chapter:(1) by the date provided in the order; or(2) not later than ninety (90) days after the order is issued;whichever is later.(b) A qualifying individual may seek payment from the fund of any amount of the restitution:(1) ordered by the court to be paid to the qualifying individual or ordered under IC 9-32-16-2; and(2) not paid by the dealer ordered to pay the restitution;by filing a claim with the secretary on a form prescribed by the secretary.(c) The secretary must receive a claim filed under this chapter not later than one hundred eighty (180) days after the date on which the order described in section 2 of this chapter becomes final. The secretary may grant an extension of time for good cause shown by the qualifying individual filing the claim.(d) Notwithstanding subsection (c), the secretary may not accept a claim that is received more than:(1) two (2) years after the date of the judgment described in section 2(2)(A) of this chapter; or(2) one hundred eighty (180) days after the date of the order described in section 2(2)(B) of this chapter;becomes final.(e) The personal information (as defined in IC 9-32-2-18.7), of a qualifying individual who files a qualifying claim with the secretary under subsection (b) is confidential and may not be disclosed or distributed outside the secretary, except as required by law.(f) Upon receiving a qualifying claim, the secretary may pay, from money available in the fund, to each qualifying individual identified in the claim under section 2(3) of this chapter an amount that:(1) is determined by the secretary, at the secretary's discretion;(2) may be up to the amount of the restitution awarded to the qualifying individual and not paid by the dealer ordered to pay the restitution; and(3) may not exceed three thousand dollars ($3,000).(g) The limits set forth in subsection (f) do not prohibit a qualifying individual from seeking to recover, in any action, or through any other lawful remedy available, any amount of the restitution that:(1) is awarded to the qualifying individual in the order described in section 2(2) of this chapter;(2) is not paid by the dealer ordered to pay the restitution; and(3) exceeds the amount paid to the qualifying individual by the secretary under subsection (f).As added by P.L.179-2017, SEC.97.
IN Code § 9-32-18-6 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 18. Consumer Restitution Fund|9-32-18-6. Liability

Sec. 6. The state is not liable for a determination or an award made by the secretary under this chapter, except to the extent that money is available in the fund on the date the award is determined by the secretary under this chapter.As added by P.L.179-2017, SEC.97.
IN Code § 9-32-18-7 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 32. Dealer Services|Chapter 18. Consumer Restitution Fund|9-32-18-7. Rules

Sec. 7. The secretary may adopt rules under IC 4-22-2 to implement this chapter.As added by P.L.179-2017, SEC.97.