reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 23.2. Third Party Food Delivery Services › 24-4-23.2-3. "Online Order"

Sec. 3. As used in this chapter, "online order" means an order that is:
(1) placed by a customer of a covered establishment;
(2) for food and beverages prepared or provided by the covered establishment;
(3) for same-day delivery or pick up in Indiana; and
(4) made through an online modality or platform provided by a third party food delivery service, including:
(A) a website;
(B) a mobile application; or
(C) another Internet service.
As added by P.L.136-2023, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 23.2. Third Party Food Delivery Services › 24-4-23.2-4. "Person"

Sec. 4. As used in this chapter, "person" means an individual, a corporation, a partnership, an association, or another legal entity.
As added by P.L.136-2023, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 23.2. Third Party Food Delivery Services › 24-4-23.2-5. "Third Party Food Delivery Service"

Sec. 5. (a) As used in this chapter, "third party food delivery service" means a person that:
(1) uses an online modality or platform, such as:
(A) a website;
(B) a mobile application; or
(C) another Internet service;
to offer or arrange for the sale, and same-day delivery or pick up, of food and beverages prepared or provided by one (1) or more covered establishments that are not affiliates of the person; and
(2) engages in the activities described in subdivision (1):
(A) for consideration; or
(B) for the purpose of obtaining customer data related to a transaction between a covered establishment and a customer of the covered establishment.
(b) The term does not include an:
(1) Internet service provider; or
(2) Internet search engine;
used by a third party food delivery service, a covered establishment, or a customer of a covered establishment if the Internet service provider or Internet search engine does not both receive consideration for and offer and arrange for the sale, and same-day delivery or pick up, of food and beverages prepared or provided by one (1) or more covered establishments that are not affiliates of the Internet service provider or the Internet search engine, as described in subsection (a)(1) and (a)(2).
As added by P.L.136-2023, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 23.2. Third Party Food Delivery Services › 24-4-23.2-6. Provision of Third Party Food Delivery Services Without Contract Prohibited; Required Actions of Third Party Food Delivery Service Upon Cancellation of Contract

Sec. 6. (a) A third party food delivery service may not provide any services related to facilitating, processing, or delivering an online order for a covered establishment unless the covered establishment expressly agrees in a signed writing, or through an electronic agreement signed and dated with an electronic signature (as defined in IC 26-2-8-102), to allow the third party food delivery service to provide those services.
(b) If a covered establishment provides notice to a third party food delivery service of the covered establishment's cancellation of the covered establishment's service contract with the third party food delivery service, the third party food delivery service shall comply with any terms and conditions for cancellation specified in the contract, not later than:
(1) the time specified in the contract, if such a time is specified in the contract; or
(2) if a time is not specified in the contract, seventy-two (72) hours after the covered establishment's provision of the notice of cancellation.
Unless otherwise specified in the service contract, not later than the time specified in subdivision (1) or (2), as applicable, the third party food delivery service shall remove all menus associated with the covered establishment, whether the menus were provided to the third party food delivery service by the covered establishment or otherwise, from all online modalities or platforms of the third party food delivery service and shall cease to offer, arrange, or perform any activities related to the sale, and same-day delivery or pickup, of food and beverages prepared or provided by the covered establishment.
As added by P.L.136-2023, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 23.2. Third Party Food Delivery Services › 24-4-23.2-7. Actions for Enforcement; Remedies for Violation

Sec. 7. (a) If a third party food delivery service:
(1) provides services related to facilitating, processing, or delivering an online order for a covered establishment without the covered establishment's express agreement to allow the third party food delivery service to provide those services, in violation of section 6(a) of this chapter; or
(2) fails to terminate a service contract with a covered establishment as provided in section 6(b) of this chapter;
the covered establishment may bring an action for the alleged violation in a court with jurisdiction.
(b) A court in an action brought by a covered establishment against a third party food delivery service under subsection (a) may grant a temporary injunction enjoining the third party food delivery service, during the pendency of the action, from providing services related to facilitating, processing, or delivering online orders for food or beverages prepared or provided by the covered establishment.
(c) A covered establishment that prevails in an action brought under subsection (a) is entitled to:
(1) actual damages;
(2) temporary or permanent injunctive relief;
(3) liquidated damages of not more than fifty thousand dollars ($50,000); and
(4) reasonable costs and attorney's fees;
for each transaction the third party food delivery service made with a customer for food and beverages prepared or provided by the covered establishment in violation of section 6(a) of this chapter.
As added by P.L.136-2023, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 23.2. Third Party Food Delivery Services › 24-4-23.2-8. Remedies Cumulative and Nonexclusive

Sec. 8. The remedies set forth in this chapter are:
(1) cumulative;
(2) nonexclusive; and
(3) in addition to any other legal or equitable remedy available to a person aggrieved by a violation of this chapter.
As added by P.L.136-2023, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 1. General Provisions and Definitions › 24-4.4-1-101. Short Title; Licensing System for Creditors and Mortgage Loan Originators; Emergency Rules; Federal Law

Sec. 101. (a) This article shall be known and may be cited as the First Lien Mortgage Lending Act.
(b) Notwithstanding any other provision of this article or IC 24-4.5, the department may adopt emergency rules under IC 4-22-2-37.1, to remain effective until codified in the Indiana Code, in order to provide for a system of licensing creditors and mortgage loan originators that meets the requirements of:
(1) the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (H.R. 3221 Title V) and the interpretations of that Act issued by the Secretary of Housing and Urban Development and the Consumer Financial Protection Bureau; and
(2) the subsequent amendment of the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 by the Economic Growth, Regulatory Relief, and Consumer Protection Act (P.L. 115-174, 132 Stat. 1296).
As added by P.L.145-2008, SEC.20. Amended by P.L.182-2009(ss), SEC.369; P.L.27-2012, SEC.2; P.L.129-2020, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 1. General Provisions and Definitions › 24-4.4-1-102. Purposes; Rules of Construction

Sec. 102. (1) This article shall be liberally construed and applied to promote its underlying purposes and policies.
(2) The underlying purposes and policies of this article are:
(a) to permit and encourage the development of fair and economically sound first lien mortgage lending practices; and
(b) to conform the regulation of first lien mortgage lending practices to applicable state and federal laws, rules, regulations, policies, and guidance.
(3) A reference to a requirement imposed by this article includes reference to a related rule of the department adopted under this article.
(4) A reference to a federal law in this article is a reference to the law as in effect December 31, 2022.
As added by P.L.145-2008, SEC.20. Amended by P.L.35-2010, SEC.5; P.L.89-2011, SEC.1; P.L.27-2012, SEC.3; P.L.216-2013, SEC.1; P.L.137-2014, SEC.1; P.L.186-2015, SEC.6; P.L.73-2016, SEC.1; P.L.159-2017, SEC.1; P.L.69-2018, SEC.1; P.L.176-2019, SEC.1; P.L.129-2020, SEC.2; P.L.54-2021, SEC.1; P.L.29-2022, SEC.1; P.L.197-2023, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 1. General Provisions and Definitions › 24-4.4-1-103. Unified Coverage of Subject Matter; Construction Against Implied Repeal

Sec. 103. This article:
(1) is a general act intended as a unified coverage of its subject matter; and
(2) any part of this article may not be considered to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
As added by P.L.145-2008, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 1. General Provisions and Definitions › 24-4.4-1-104. Severability

Sec. 104. The provisions of this article are severable, so that if:
(1) any provisions of this article; or
(2) the application of this article to any person or circumstances;
is held invalid, the invalidity does not affect other provisions or applications of this article that can be given effect without the invalid provision or application.
As added by P.L.145-2008, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 1. General Provisions and Definitions › 24-4.4-1-201. Application; Nonresident Debtor

Sec. 201. (1) Except as provided in subsection (2), this article applies to a first lien mortgage transaction:
(a) that is secured by an interest in:
(i) a dwelling; or
(ii) residential real estate upon which a dwelling is constructed or intended to be constructed;
in Indiana; and
(b) the closing for which takes place after December 31, 2008.
(2) This article does not apply to a first lien mortgage transaction if:
(a) the debtor is not a resident of Indiana at the time the transaction is entered into; and
(b) the laws of the debtor's state of residence require that the transaction be made under the laws of the state of the debtor's residence.
As added by P.L.145-2008, SEC.20. Amended by P.L.1-2009, SEC.134; P.L.89-2011, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 1. General Provisions and Definitions › 24-4.4-1-202.5. Persons Also Engaging in Activities of a Loan Broker; Examination by Department; Cooperation With Securities Division

Sec. 202.5. (1) If a person licensed or required to be licensed by the department to engage in mortgage transactions also engages in activities of a loan broker described in IC 23-2.5, the activities of a loan broker are subject to the following sections of the Indiana Code and any rules adopted to implement these sections:
(a) IC 23-2.5-8-1, except for IC 23-2.5-8-1(b)(2).
(b) IC 23-2.5-8-2.
(c) IC 23-2.5-11-15(b) and IC 23-2.5-11-15(c).
(d) IC 23-2.5-11-17.
(e) IC 23-2.5-8-3.
(f) IC 23-2.5-8-4 through IC 23-2.5-8-9.
(g) IC 23-2.5-8-10.
(h) IC 23-2.5-10-1.
(i) IC 23-2.5-9-1, except for IC 23-2.5-9-1(2)(B).
(j) IC 23-2.5-11-16.
(2) Loan broker business transactions engaged in by persons licensed or required to be licensed by the department to engage in mortgage transactions are subject to examination by the department and to the examination fees described in IC 24-4.4-2-402(8)(c). The department may cooperate with the securities division of the office of the secretary of state in the department's examination of loan broker business transactions and may use the securities division's examiners to conduct examinations.
As added by P.L.35-2010, SEC.7. Amended by P.L.186-2015, SEC.7; P.L.69-2018, SEC.2; P.L.175-2019, SEC.4; P.L.158-2022, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 1. General Provisions and Definitions › 24-4.4-1-204. Entities Also Conducting Activities of a Loan Broker; Cooperation With Securities Commissioner

Sec. 204. In the department's examination and regulatory activities related to licensees under this article, the department may cooperate with the Indiana securities commissioner in the regulation of entities that, in addition to conducting business regulated under this article, also conduct activities of a loan broker subject to IC 23-2.5.
As added by P.L.35-2010, SEC.8. Amended by P.L.175-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 1. General Provisions and Definitions › 24-4.4-1-205. Carrying on Other Business

Sec. 205. A licensee may carry on other business at a location where the licensee engages in first lien mortgage transactions unless the licensee carries on other business for the purpose of evasion or violation of this article.
As added by P.L.159-2017, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 2. Miscellaneous › 24-4.4-2-101. Short Title

Sec. 101. This chapter shall be known and may be cited as the First Lien Mortgage Lending Act - Miscellaneous.
As added by P.L.145-2008, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 2. Miscellaneous › 24-4.4-2-202. Federal Disclosure Requirements; Creditor's Duty to Comply; Exempt Transactions

Sec. 202. (1) The creditor shall comply with disclosure requirements applicable to first lien mortgage transactions in the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.).
(2) For purposes of subsection (1), disclosures are not required if the transaction is exempt from the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.).
As added by P.L.89-2011, SEC.6. Amended by P.L.159-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 2. Miscellaneous › 24-4.4-2-301. Violation of State or Federal Law, Regulation, or Rule; Enforcement

Sec. 301. (1) A violation of a state or federal law, regulation, or rule applicable to first lien mortgage transactions is a violation of this article.
(2) The department may enforce penalty provisions set forth in 15 U.S.C. 1640 for violations of disclosure requirements applicable to first lien mortgage transactions.
As added by P.L.145-2008, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 2. Miscellaneous › 24-4.4-2-402.1. National Criminal History Background Check; Fingerprints; Payment of Fees or Costs; Use of Nmlsr

Sec. 402.1. (1) When the director requests a national criminal history background check under section 402(4)(a) of this chapter for an individual described in section 402(2) of this chapter, the director shall require the individual to submit fingerprints to the department, state police department, or NMLSR, as directed, at the time evidence of compliance is requested under section 402(3) of this chapter. The individual to whom the request is made shall pay any fees or costs associated with processing and evaluating the fingerprints and the national criminal history background check. The national criminal history background check may be used by the director to determine the individual's compliance with this section. The director or the department may not release the results of the national criminal history background check to any private entity.
(2) For purposes of this section and in order to reduce the points of contact that the Federal Bureau of Investigation may have to maintain for purposes of this section, the director may use the NMLSR as a channeling agent for requesting information from and distributing information to the United States Department of Justice or any governmental agency.
As added by P.L.35-2010, SEC.13.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 2. Miscellaneous › 24-4.4-2-402.2. Credit Reports; Payment of Fees or Costs; Demonstrated Financial Responsibility; Considerations

Sec. 402.2. (1) If the director requests a credit report for an individual described in section 402(2) of this chapter, the individual to whom the request is made shall pay any fees or costs associated with procuring the report.
(2) The individual must submit personal history and experience information in a form prescribed by the NMLSR, including the submission of authorization for the NMLSR or the director to obtain an independent credit report obtained from a consumer reporting agency described in Section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)).
(3) The director may consider one (1) or more of the following when determining if an individual has demonstrated financial responsibility:
(a) Bankruptcies filed within the last ten (10) years.
(b) Current outstanding judgments, except judgments solely as a result of medical expenses.
(c) Current outstanding tax liens or other government liens or filings.
(d) Foreclosures within the past three (3) years.
(e) A pattern of serious delinquent accounts within the past three (3) years.
As added by P.L.35-2010, SEC.14.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 2. Miscellaneous › 24-4.4-2-403. License Renewal; Revocation or Suspension of License Not Renewed; Reinstatement or Appeal; Correcting Amendments

Sec. 403. (1) A mortgage license issued by the department must be renewed through the NMLSR not later than December 31 of each calendar year. The minimum standards for license renewal for a creditor include the following:
(a) The creditor has continued to meet the surety bond requirement under section 402.3 of this chapter.
(b) The creditor has filed the creditor's call report in a manner that satisfies section 405(4) of this chapter.
(c) The creditor has paid all required fees for renewal of the license.
(d) The creditor and individuals described in section 402(2) of this chapter have certified to the department that they continue to meet all the standards for licensing contained in section 402 of this chapter.
(e) The creditor has provided in the creditor's renewal application:
(i) any information describing material changes in the information contained in the creditor's original application for licensure, or in any previous application, including any previous renewal application; and
(ii) any other information the director requires in order to evaluate the renewal of the license.
(2) A license issued by the department authorizing a person to engage in first lien mortgage transactions as a creditor under this article may be revoked or suspended by the department if the person fails to:
(a) file any renewal form required by the department; or
(b) pay any license renewal fee described under section 402 of this chapter;
not later than sixty (60) days after the due date.
(3) A person whose license is revoked or suspended under this section may do either of the following:
(a) Pay all delinquent fees and apply for reinstatement of the license.
(b) Appeal the revocation or suspension to the department for an administrative review under IC 4-21.5-3. Pending the decision resulting from the hearing under IC 4-21.5-3 concerning the license revocation or suspension, the license remains in force.
(4) If, at any time, the information or record contained in:
(a) an original application for licensure filed under section 402 of this chapter; or
(b) a renewal application filed under this section;
is or becomes inaccurate or incomplete in a material respect, the applicant shall promptly file a correcting amendment with the department.
As added by P.L.145-2008, SEC.20. Amended by P.L.35-2010, SEC.17; P.L.27-2012, SEC.9; P.L.69-2018, SEC.7.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 2. Miscellaneous › 24-4.4-2-404.3. Consent Agreement; Notice of Charges Not Required

Sec. 404.3. If the director enters into a consent to a final order under section 404.4 of this chapter with a creditor, a director, an officer, or a manager, the director is not required to issue and serve a notice of charges upon the creditor, director, officer, or manager under section 404.1 of this chapter. A consent agreement may be negotiated and entered into before or after the issuance of a notice of charges. The director shall provide a copy of the consent order to the board of directors of the creditor.
As added by P.L.35-2010, SEC.21. Amended by P.L.176-2019, SEC.7.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 2. Miscellaneous › 24-4.4-2-404.4. Final Order; Penalties; Time for Issuance; Consent Presumed Upon Failure to Appear

Sec. 404.4. (1) If, after a hearing described in section 404.2(2) of this chapter, the department finds that the conditions specified in section 404.1 of this chapter have been established, the department may issue a final order. If a hearing is not requested within the time specified in section 404.2(2) of this chapter, the director may issue a final order on the basis of the facts set forth in the written notice served under section 404.1(1) of this chapter.
(2) Unless the director has entered into a consent agreement described in section 404.3 of this chapter, a final order must include separately stated findings of fact and conclusions of law for all aspects of the order.
(3) In a final order under this section, the department or the director, as appropriate, may order one (1) or more of the following with respect to an officer, a director, or a manager of a creditor:
(a) The removal of the officer, director, or manager from the person's office, position, or employment.
(b) A prohibition against any participation by the officer, director, or manager in the conduct of the affairs of any creditor.
(c) If the subject of the order is an officer or a director of a creditor, and subject to section 404.6 of this chapter, the imposition of a civil penalty not to exceed fifteen thousand dollars ($15,000) for each practice, violation, or act that:
(i) is described in section 404.1 of this chapter; and
(ii) is found to exist by the department or the director.
(4) A final order shall be issued in writing not later than ninety (90) days after conclusion of a hearing held under section 404.2(2) of this chapter, unless this period is waived or extended with the written consent of all parties or for good cause shown.
(5) If the officer, director, or manager does not appear individually or by an authorized representative at a hearing held under section 404.2(2) of this chapter, the officer, director, or manager is considered to have consented to the issuance of a final order.
(6) The remedies provided in this chapter are in addition to other remedies contained in this article.
As added by P.L.35-2010, SEC.22. Amended by P.L.176-2019, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 2. Miscellaneous › 24-4.4-2-404.5. Final Order; Effective Date; Authority of Department or Court to Stay, Modify, or Vacate

Sec. 404.5. (1) A final order issued under this chapter is effective on the eleventh day after service of the order. However, a final order issued upon consent under section 404.3 of this chapter is effective at the time specified in the order.
(2) A final order remains effective and enforceable as provided in the order.
(3) The department or a reviewing court may stay, modify, or vacate a final order.
As added by P.L.35-2010, SEC.23.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 2. Miscellaneous › 24-4.4-2-404.6. Factors for Determining Amount of Civil Penalty; Indemnification by Creditor Prohibited; Deposit of Civil Penalties in Financial Institutions Fund

Sec. 404.6. (1) The director or the department, as appropriate, shall consider the following factors in determining the amount of a civil penalty that should be assessed against a director or an officer in a final order issued under section 404.4(3)(c) of this chapter:
(a) The appropriateness of the civil penalty with respect to the financial resources and good faith of the individual charged.
(b) The gravity of the practice, violation, or act.
(c) The history of previous practices, violations, or acts.
(d) The economic benefit derived by the individual from the practice, violation, or act.
(e) Other factors that justice requires.
(2) A creditor may not indemnify a director or an officer for a civil penalty imposed in a final order under section 404.4(3)(c) of this chapter.
(3) Civil penalties shall be deposited in the financial institutions fund established by IC 28-11-2-9.
As added by P.L.35-2010, SEC.24.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 2. Miscellaneous › 24-4.4-2-404.7. Authority of Director to Enforce Orders, Agreements, or Conditions in Court

Sec. 404.7. The director may enforce any of the following by applying for appropriate relief to a court having jurisdiction:
(a) An order issued under this chapter.
(b) A written agreement entered into by the department or the director and any director, officer, or employee of a creditor.
(c) Any condition imposed in writing by the department or the director on any director, officer, or employee of a creditor.
As added by P.L.35-2010, SEC.25.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 2. Miscellaneous › 24-4.4-2-501. Creditor's Duty to Comply With Closing Requirements

Sec. 501. A creditor in a first lien mortgage transaction shall comply with IC 6-1.1-12-43, to the extent applicable.
As added by P.L.145-2008, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 2. Miscellaneous › 24-4.4-2-502. Debtor's Right to Rescind; Accruing Interest Prohibited During Rescission Period; Disbursement of Proceeds

Sec. 502. (1) A violation by a creditor in a first lien mortgage transaction of Section 125 of the Consumer Credit Protection Act (15 U.S.C. 1635) (concerning a debtor's right to rescind a transaction) constitutes a violation of this article. A creditor may not accrue interest during the period when a first lien mortgage transaction may be rescinded under Section 125 of the Consumer Credit Protection Act (15 U.S.C. 1635).
(2) A creditor must make available for disbursement the proceeds of a transaction subject to subsection (1) on the later of:
(a) the date the creditor is reasonably satisfied that the debtor has not rescinded the transaction; or
(b) the first business day after the expiration of the rescission period under subsection (1).
As added by P.L.145-2008, SEC.20. Amended by P.L.1-2009, SEC.135; P.L.159-2017, SEC.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 2. Miscellaneous › 24-4.4-2-503. Reverse Mortgages; Pamphlet; Counseling Required for Debtor

Sec. 503. A creditor in a first lien mortgage transaction that:
(1) qualifies as a home equity conversion mortgage under the Federal Housing Administration's program; or
(2) otherwise constitutes a reverse mortgage;
shall provide the debtor with a pamphlet that is approved by the department and that describes the availability of reverse mortgage counseling services provided by housing counselors approved by the Secretary of the United States Department of Housing and Urban Development, as provided in 24 CFR 206.41(a). The debtor must receive the counseling described in this section and present the creditor with the certificate described in 24 CFR 206.41(c) before the creditor may make a first lien mortgage transaction described in this section to the debtor.
As added by P.L.35-2010, SEC.27.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 3. Administration › 24-4.4-3-102. Application

Sec. 102. This chapter applies to a person that engages as a creditor in first lien mortgage transactions in Indiana. The authority of this chapter remains in effect, whether a licensee, individual, or person subject to this article acts or claims to act under any licensing or registration law of Indiana or claims to act without such authority.
As added by P.L.145-2008, SEC.20. Amended by P.L.35-2010, SEC.28.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 3. Administration › 24-4.4-3-103. Powers of Department; No Liability for Conforming Act or Omission

Sec. 103. (1) In addition to other powers granted by this article, the department within the limitations provided by law may:
(a) receive and act on complaints, take action designed to obtain voluntary compliance with this article, or commence proceedings on the department's own initiative;
(b) counsel persons and groups on their rights and duties under this article;
(c) establish programs for the education of consumers with respect to credit practices and problems;
(d) make studies appropriate to effectuate the purposes and policies of this article and make the results available to the public;
(e) adopt, amend, and repeal rules, orders, policies, and forms to carry out the provisions of this article;
(f) maintain more than one (1) office within Indiana; and
(g) 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.
(2) Liability may not be imposed under this article for an act done or omitted in conformity with a rule, written notice, written opinion, written interpretation, or written directive of the department notwithstanding the fact that after the act is done or omitted the rule, written notice, written opinion, written interpretation, or written directive may be:
(a) amended or repealed; or
(b) determined by judicial or other authority to be invalid;
for any reason.
As added by P.L.145-2008, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 3. Administration › 24-4.4-3-104.5. Powers of Director

Sec. 104.5. To carry out the purposes of this section, the director may:
(a) retain attorneys, accountants, or other professionals and specialists as examiners, auditors, or investigators to conduct or assist in the conduct of examinations or investigations;
(b) enter into agreements or relationships with other government officials or regulatory associations in order to improve efficiencies and reduce regulatory burden by sharing:
(i) resources;
(ii) standardized or uniform methods or procedures; and
(iii) documents, records, information, or evidence obtained under this section;
(c) use, hire, contract, or employ public or privately available analytical systems, methods, or software to examine or investigate a licensee, an individual, or a person subject to this article;
(d) accept and rely on examination or investigation reports made by other government officials within or outside Indiana; and
(e) accept audit reports made by an independent certified public accountant for the licensee, individual, or person subject to this article in the course of that part of the examination covering the same general subject matter as the audit and may incorporate the audit report in the report of the examination, report of investigation, or other writing of the director.
As added by P.L.35-2010, SEC.30.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 3. Administration › 24-4.4-3-104.6. Prohibited Acts

Sec. 104.6. It is a violation of this article for a person or individual subject to this article to:
(a) directly or indirectly employ any scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud any person;
(b) engage in any unfair or deceptive practice toward any person;
(c) obtain property by fraud or misrepresentation;
(d) solicit or enter into a contract with a borrower that provides in substance that the person or individual subject to this article may earn a fee or commission through "best efforts" to obtain a loan even though no loan is actually obtained for the borrower;
(e) solicit, advertise, or enter into a contract for specific interest rates, points, or other financing terms unless the terms are actually available at the time of soliciting, advertising, or contracting;
(f) conduct any business covered by this article without holding a valid license as required under this article, or assist or aid and abet any person in the conduct of business under this article without a valid license as required under this article;
(g) fail to make disclosures as required by this article or regulation adopted under this article and any other applicable state or federal law regulation;
(h) fail to comply with this article or rules adopted under this article, or fail to comply with any other state or federal law, rule, or regulation, applicable to any business authorized or conducted under this article;
(i) make, in any manner, any false or deceptive statement or representation, with regard to the rates, points, or other financing terms or conditions for a mortgage transaction, or engage in bait and switch advertising;
(j) negligently make any false statement or knowingly and willfully make any omission of material fact in connection with any information or reports filed with a governmental agency or the NMLSR or in connection with any investigation conducted by the director or another governmental agency;
(k) make any payment, threat, or promise, directly or indirectly, to any person for the purposes of influencing the independent judgment of the person in connection with a mortgage transaction, or make any payment, threat, or promise, directly or indirectly, to any appraiser of a property, for the purposes of influencing the independent judgment of the appraiser with respect to the value of the property;
(l) collect, charge, attempt to collect or charge, or use or propose any agreement purporting to collect or charge any fee prohibited by this article;
(m) cause or require a borrower to obtain property insurance coverage in an amount that exceeds the replacement cost of the improvements as established by the property insurer;
(n) fail to account truthfully for money belonging to a party to a mortgage transaction; or
(o) knowingly withhold, abstract, remove, mutilate, destroy, or secrete any books, records, computer records, or other information subject to examination under this article.
As added by P.L.35-2010, SEC.31.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 3. Administration › 24-4.4-3-105. Applicability of Laws Governing Administrative Orders and Rules; Venue; Emergency Rulemaking Authority

Sec. 105. Except as otherwise provided, IC 4-21.5-3 governs any action taken by the department under this chapter or IC 24-4.4-2-401 through IC 24-4.4-2-405. IC 4-22-2 applies to the adoption of rules by the department under this article. All proceedings for administrative review under IC 4-21.5-3 or judicial review under IC 4-21.5-5 shall be held in Marion County. However, if the department determines that an emergency exists, the department may adopt any rules authorized by this article under IC 4-22-2-37.1.
As added by P.L.145-2008, SEC.20. Amended by P.L.35-2010, SEC.32.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 3. Administration › 24-4.4-3-107. Assurance of Discontinuance of Conduct; Failure to Comply

Sec. 107. If it is claimed that a person has engaged in conduct subject to an order by:
(a) the department under section 106(1) of this chapter; or
(b) a court under sections 108 through 110 of this chapter;
the department may accept an assurance in writing that the person will not engage in the conduct in the future. If a person giving an assurance of discontinuance fails to comply with the terms of the assurance, the assurance is evidence that before the assurance was issued the person engaged in the conduct described in the assurance.
As added by P.L.145-2008, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 3. Administration › 24-4.4-3-108. Civil Action by Department to Restrain Violation

Sec. 108. The department may bring a civil action to restrain a person from violating this article or other state or federal law, rule, or regulation and for other appropriate relief.
As added by P.L.145-2008, SEC.20. Amended by P.L.35-2010, SEC.34.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 3. Administration › 24-4.4-3-109. Civil Action by Department to Enjoin Deceptive Act

Sec. 109. (1) As used in this section, "deceptive act" means an act or a practice in which a person knowingly or intentionally:
(a) makes a material misrepresentation concerning; or
(b) conceals material information regarding the terms or conditions of;
a first lien mortgage transaction.
(2) For purposes of this section, "knowingly" means having actual knowledge at the time of the transaction.
(3) The department may bring a civil action to enjoin a deceptive act performed in connection with a first lien mortgage transaction.
As added by P.L.145-2008, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 3. Administration › 24-4.4-3-110. Department's Application to Court for Temporary Relief or Restraining Order

Sec. 110. With respect to an action brought under:
(a) section 108 of this chapter to enjoin violations of this article; or
(b) section 109 of this chapter to enjoin deceptive acts;
the department may apply to the court for appropriate temporary relief against a respondent, pending final determination of the proceedings. If the court finds after a hearing held upon notice to the respondent that there is reasonable cause to believe that the respondent is engaging in or is likely to engage in the conduct sought to be restrained, the court may grant any temporary relief or restraining order the court considers appropriate.
As added by P.L.145-2008, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 3. Administration › 24-4.4-3-111. Civil Action by Department for Willful Violation; Imposition of Civil Penalty by Department; Restitution

Sec. 111. (1) The department may bring a civil action against a creditor or a person acting on behalf of the creditor to recover a civil penalty for willfully violating this article. If the court finds that the defendant has engaged in a course of repeated and willful violations of this article, the court may assess a civil penalty of not more than five thousand dollars ($5,000). A civil penalty may not be imposed under this subsection:
(a) for violations of this article occurring more than two (2) years before the action is brought; or
(b) for making unconscionable agreements or engaging in a course of fraudulent or unconscionable conduct.
(2) If the department determines, after notice and an opportunity to be heard, that a person has violated this article, the department may, in addition to or instead of all other remedies available under this section, impose upon the person a civil penalty not greater than ten thousand dollars ($10,000) per violation.
(3) If the department determines, after notice and opportunity to be heard, that a person has willfully violated this article, the department may, in addition to or instead of all other remedies available under this section, order restitution against the person subject to this article for a violation of this article.
As added by P.L.145-2008, SEC.20. Amended by P.L.35-2010, SEC.35.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 3. Administration › 24-4.4-3-113. Rights of Debtors Not Affected

Sec. 113. The grant of powers to the department under this article does not affect remedies available to debtors under this article or under other principles of law or equity.
As added by P.L.145-2008, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.4. First Lien Mortgage Lending › Chapter 3. Administration › 24-4.4-3-114. Actions Brought by Department; Venue

Sec. 114. The department may bring an action or a proceeding in a court in a county:
(1) in which an act on which the action or proceeding is based occurred;
(2) in which the respondent resides or transacts business; or
(3) in which the action or proceeding is otherwise authorized by rule or venue laws.
As added by P.L.145-2008, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 1. General Provisions and Definitions › 24-4.5-1-103. Supplementary General Principles of Law Applicable

Sec. 103. Unless displaced by the particular provisions of this article, the Uniform Commercial Code (IC 26-1) and the principles of law and equity (including the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause) shall supplement its provisions.
Formerly: Acts 1971, P.L.366, SEC.2. As amended by P.L.152-1986, SEC.57.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 1. General Provisions and Definitions › 24-4.5-1-104. Construction Against Implicit Repeal

Sec. 104. Construction Against Implicit Repeal — This Article being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
Formerly: Acts 1971, P.L.366, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 1. General Provisions and Definitions › 24-4.5-1-105. Severability

Sec. 105. Severability — If any provisions of this Article or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are severable.
Formerly: Acts 1971, P.L.366, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 1. General Provisions and Definitions › 24-4.5-1-107. Waiver; Agreement to Forego Rights; Settlement of Claims

Sec. 107. Waiver; Agreement to Forego Rights; Settlement of Claims - (1) Except as otherwise provided in this Article, a buyer, lessee, or debtor may not waive or agree to forego rights or benefits under this Article.
(2) A claim by a buyer, lessee, or debtor against a creditor for an excess charge, other violation of this Article, or civil penalty, or a claim against a buyer, lessee, or debtor for default or breach of a duty imposed by this Article, if disputed in good faith, may be settled by agreement.
(3) A claim, whether or not disputed against a buyer, lessee or debtor may be settled for less value than the amount claimed.
(4) A settlement in which the buyer, lessee, or debtor waives or agrees to forego rights or benefits under this Article is invalid if the court as a matter of law finds the settlement to have been unconscionable at the time it was made. The competence of the buyer, lessee, or debtor, any deception or coercion practiced upon him, the nature and extent of the legal advice received by him, and the value of the consideration are relevant to the issue of unconscionability.
Formerly: Acts 1971, P.L.366, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 1. General Provisions and Definitions › 24-4.5-1-108. Effect on Powers of Organizations

Sec. 108. (1) This article prescribes maximum charges for all creditors, except lessors and those excluded (IC 24-4.5-1-202), extending consumer credit, including consumer credit sales (IC 24-4.5-1-301.5(8)), consumer loans (IC 24-4.5-1-301.5(9)), and consumer related sales and loans (IC 24-4.5-2-602 and IC 24-4.5-3-602), and displaces existing limitations on the powers of those creditors based on maximum charges.
(2) With respect to sellers of goods or services, small loan companies, licensed lenders, consumer and sales finance companies, industrial loan and investment companies, and commercial banks and trust companies, this article displaces existing limitations on their powers based solely on amount or duration of credit.
(3) Except as provided in subsection (1) and IC 24-4.6-1, this article does not displace limitations on powers of credit unions, savings banks, savings or building and loan associations, or other thrift institutions whether organized for the profit of shareholders or as mutual organizations.
(4) Except as provided in subsections (1) and (2), this article does not displace:
(a) limitations on powers of depository institutions (IC 24-4.5-1-301.5) with respect to the amount of a loan to a single borrower, the ratio of a loan to the value of collateral, the duration of a loan that is a mortgage transaction, or other similar restrictions designed to protect deposits; or
(b) limitations on powers an organization is authorized to exercise under the laws of this state or the United States.
Formerly: Acts 1971, P.L.366, SEC.2; Acts 1974, P.L.115, SEC.3. As amended by P.L.14-1992, SEC.4; P.L.122-1994, SEC.3; P.L.35-2010, SEC.37.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 1. General Provisions and Definitions › 24-4.5-1-109. Persons Licensed or Authorized on October 1, 1971

Sec. 109. All persons licensed on October 1, 1971, under:
(1) IC 24-5-4 (before its repeal on October 1, 1971);
(2) IC 28-7-4 (before its repeal on October 1, 1971);
(3) IC 28-7-2 (before its repeal on October 1, 1971); or
(4) IC 28-5-1-4;
are licensed to make supervised loans under this article, subject to the renewal provisions contained in this article. All provisions of this article apply to the persons previously licensed or authorized. The department may deliver evidence of licensing to the persons previously licensed or authorized.
As added by P.L.5-1988, SEC.128. Amended by P.L.3-1990, SEC.85; P.L.14-1992, SEC.5; P.L.35-2010, SEC.38.
(Part 2. Scope and Jurisdiction)
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 1. General Provisions and Definitions › 24-4.5-1-203. Repealed

Formerly: Acts 1971, P.L.366, SEC.2. As amended by P.L.14-1992, SEC.8; P.L.122-1994, SEC.5. Repealed by P.L.35-2010, SEC.209.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 1. General Provisions and Definitions › 24-4.5-1-204. Cooperation With Securities Commissioner; Individuals Also Conducting Activities of a Loan Broker

Sec. 204. In examinations or other regulatory activities conducted by the department and related to licensees under this article, the department may cooperate with the Indiana securities commissioner in the regulation of individuals who, in addition to conducting business regulated under this article, also conduct a loan broker business subject to IC 23-2.5.
As added by P.L.35-2010, SEC.40. Amended by P.L.175-2019, SEC.6.
(Part 3. Definitions)
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 1. General Provisions and Definitions › 24-4.5-1-301. Repealed

Formerly: Acts 1971, P.L.366, SEC.2. As amended by Acts 1981, P.L.218, SEC.1; P.L.14-1992, SEC.9; P.L.8-1993, SEC.358; P.L.122-1994, SEC.6; P.L.45-1995, SEC.3; P.L.176-1996, SEC.3; P.L.23-2000, SEC.2; P.L.10-2006, SEC.3 and P.L.57-2006, SEC.3; P.L.90-2008, SEC.6; P.L.145-2008, SEC.21; P.L.1-2009, SEC.136. Repealed by P.L.35-2010, SEC.209.