reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 1. Applicability › 9-33-1-1. Applicability

Sec. 1. This article applies to the following:
(1) Actions taken under a court order.
(2) Actions required under IC 9-24-2-1, IC 9-24-2-2, or IC 9-24-2-4.
(3) Actions required under IC 9-24-6 (before its repeal on July 1, 2016).
(4) Actions required under IC 9-24-6.5-6(c) (before its repeal on July 1, 2016).
(5) Actions taken under IC 9-24-6.1.
(6) Actions required under IC 9-25.
(7) Except for a hearing requested under IC 9-28-2-9(c), actions taken under IC 9-28.
(8) Actions required under IC 9-30.
(9) Refunds claimed after June 30, 2016, of fees imposed by the bureau.
(10) Actions taken under IC 9-22-1-4.
As added by P.L.149-2015, SEC.110. Amended by P.L.198-2016, SEC.630; P.L.281-2019, SEC.3; P.L.211-2023, SEC.74.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 1. Applicability › 9-33-1-2. Actions Not Subject to Administrative Review Under Ic 4-21.5

Sec. 2. An action of the bureau that is listed in section 1 of this chapter is not subject to administrative review under IC 4-21.5.
As added by P.L.149-2015, SEC.110.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 2. Material Error Review › 9-33-2-1. Determination of Material Error; Review; Notice; Judicial Review

Sec. 1. (a) If a person determines that the records of the bureau contain a material error with respect to the person or the person's records, the person may notify the bureau in writing of the material error.
(b) Not more than thirty (30) days after the bureau receives notice under subsection (a), the bureau shall determine if a material error was made.
(c) If the bureau determines that a material error was made with respect to the person's records, the bureau shall provide written notice to the person and correct the error, including removing any suspension of the person's driving privileges or registration and reinstating the person's driving privileges or registration.
(d) If the bureau determines that a material error exists with respect to an action under IC 9-30-10, the bureau shall notify the prosecuting attorney of the county in which the action originated of the bureau's determination of the material error. The prosecuting attorney is entitled to respond to the bureau's determination.
(e) A person aggrieved by the bureau's determination of a material error under this section may seek judicial review of the determination under section 3 of this chapter.
(f) The bureau may enter into an agreement with the office of administrative law proceedings under IC 4-15-10.5-12 to conduct a review under this section on the bureau's behalf.
As added by P.L.149-2015, SEC.110. Amended by P.L.111-2021, SEC.91.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 2. Material Error Review › 9-33-2-2. Actions Taken by Bureau; Judicial Review

Sec. 2. (a) The bureau may modify, amend, or cancel any order issued or determination made under this chapter at any time before the deadline to seek judicial review of the order or determination under section 3 of this chapter has passed.
(b) A person aggrieved by a modification, amendment, or cancellation under subsection (a) may seek judicial review of the modification, amendment, or cancellation under section 3 of this chapter.
As added by P.L.149-2015, SEC.110.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 2. Material Error Review › 9-33-2-3. Judicial Review; Petition; Contents; Stay of Underlying Action

Sec. 3. (a) A person aggrieved by an action under this article may file a petition in the circuit or superior court of the county in which the person resides. A nonresident may file a petition for review in the Marion County circuit court.
(b) The person must file the petition not more than fifteen (15) days after the earlier of:
(1) the date on which the person receives written notice under section 1 of this chapter; or
(2) the expiration of the thirty (30) day period under section 1(b) of this chapter.
(c) A petition filed under subsection (a) must:
(1) be verified by the petitioner;
(2) state the petitioner's age, date of birth, place of residence, and driver's license identification number;
(3) state the action under section 1 of this chapter from which the person seeks relief;
(4) include a copy of any written order or determination made by the bureau with respect to the action;
(5) state the grounds for relief, including all facts showing that the bureau's action is wrongful or unlawful; and
(6) state the relief sought.
(d) The filing of a petition under this section does not automatically stay the underlying action. The court in which the petition is filed may stay the underlying action pending final judicial review if the court determines that the petition states facts that show a reasonable probability that the action is wrongful or unlawful.
(e) This subsection applies to a petition that alleges a material error with respect to an action taken by the bureau under IC 9-30-10. Not more than six (6) months after the petition is filed, the court shall hear the petition, take testimony, and examine the facts of the case. In disposing of the petition, the court may modify, affirm, or reverse the action of the bureau in whole or in part and shall issue an appropriate order. If the court fails to hear the petition in a timely manner, the original action of the bureau is reinstated in full force and effect.
As added by P.L.149-2015, SEC.110. Amended by P.L.198-2016, SEC.631.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 2. Material Error Review › 9-33-2-4. Summons; Service; Application of Rules of Trial Procedures; Court Costs and Fees

Sec. 4. (a) A summons in a proceeding under this chapter shall be issued and served in the manner provided for civil actions. In a proceeding to review an action taken by the bureau under IC 9-30-10, the summons and a copy of the petition shall be served on the prosecuting attorney of the county in which the petition is filed and the bureau. In a proceeding to review any other action taken by the bureau, the summons and a copy of the petition shall be served on the attorney general and the bureau.
(b) The petitioner bears the burden of proof by a preponderance of the evidence to prevail in a proceeding under this chapter.
(c) IC 9-30-3-15 and the rules of trial procedure apply in a proceeding under this chapter. However:
(1) a responsive pleading is not required when a petition for review has been filed; and
(2) a person is not entitled to a change of venue from the county.
(d) In a proceeding to review an action taken by the bureau under IC 9-30-10, the prosecuting attorney of the county in which the petition is filed shall represent the state in relation with the bureau. In a proceeding for any other action taken by the bureau, the attorney general shall represent the state in relation with the bureau.
(e) Court costs, including fees, shall be assessed and paid by the petitioner at the time of filing in an amount equal to the costs, including fees, assessed in the enforcement of infractions. However, a petitioner whose driving privileges have been reinstated under IC 9-30-10 is entitled to a refund of all court costs, including fees.
As added by P.L.149-2015, SEC.110.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 2. Material Error Review › 9-33-2-5. Docketing of Cause; Bureau Not Liable for Costs

Sec. 5. On the filing of a petition for judicial review under this chapter, the cause shall be docketed by the clerk of the court in the name of the petitioner against the bureau. The issues shall be considered closed by denial of all matters at issue without the necessity of filing any further pleadings. The bureau is not liable or taxable for any cost in any action for judicial review under this chapter.
As added by P.L.149-2015, SEC.110.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 3. Refunds of Certain Fees › 9-33-3-1. Applicability; Claims for Refunds; Contents; Procedure

Sec. 1. (a) This section applies if:
(1) the bureau charges a person a fee in an amount greater than required by law and the person pays the fee;
(2) the bureau charges a person a fee in error and the person pays the fee; or
(3) a person pays a fee in error to the bureau.
(b) A person described in subsection (a) may file a claim for a refund with the bureau on a form furnished by the bureau. The claim must:
(1) be filed within three (3) years after the date on which the person pays the fee;
(2) set forth the amount of the refund that the person is claiming;
(3) set forth the reasons the person is claiming the refund; and
(4) include any documentation supporting the claim.
(c) After considering the claim and all evidence relevant to the claim, the bureau shall issue a decision on the claim, stating the part, if any, of the refund allowed and containing a statement of the reasons for any part of the refund that is denied. The bureau shall mail a copy of the decision to the claimant. However, if the bureau allows the full refund claimed, a warrant for the payment of the claim is sufficient notice of the decision.
(d) If a person disagrees with all or part of the bureau's decision, the person may file a petition under IC 9-33-2-3.
[Pre-2016 Revision Citation: subsection (a) formerly 9-29-1-6.]
As added by P.L.198-2016, SEC.632.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 3. Refunds of Certain Fees › 9-33-3-2. Method of Refund

Sec. 2. If the bureau determines that a person is entitled to a refund under section 1 of this chapter, the bureau shall refund the amount of overpayment by:
(1) placing a credit on the person's account with the bureau; or
(2) warrant issued by the auditor of state drawn on the treasurer of state.
A person may affirmatively elect to receive a refund in the form of a warrant rather than as a credit.
As added by P.L.198-2016, SEC.632.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 3. Refunds of Certain Fees › 9-33-3-3. Class Action for Refunds

Sec. 3. A class action for refunds under this chapter may not be maintained in any court on behalf of any person who has not complied with the requirement of section 1 of this chapter before the class is certified. A refund under this chapter to a member of a class in a class action is subject to the time limits set forth in section 1 of this chapter based on the time the class member filed the claim with the bureau.
As added by P.L.198-2016, SEC.632.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 4. Traffic Amnesty Program › 9-33-4-1. Excluded Persons

Sec. 1. This chapter does not apply to the following:
(1) A person with a child support arrearage, unless the person has been making the person's required child support payments for at least six (6) months preceding the date the person files the petition for traffic amnesty.
(2) A person with an outstanding arrest warrant.
(3) A person sentenced to pay restitution to the victim of a crime, if the person is not current with the person's required payments.
As added by P.L.202-2019, SEC.1.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 4. Traffic Amnesty Program › 9-33-4-2. Application

Sec. 2. This chapter applies to the following:
(1) An unpaid judgment for an infraction described in this title that relates to the operation of a motor vehicle, if the infraction was committed before January 1, 2020.
(2) A driving privileges reinstatement fee (as described in IC 9-25-6-15), which a person with a suspended driver's license is or would be required to pay to reinstate the person's driver's license, if the person's driver's license was suspended before January 1, 2020.
(3) Any court costs, administrative fees, late fees, or other fees imposed on a person in connection with an unpaid judgment or fee described in subdivision (1) or (2).
As added by P.L.202-2019, SEC.1. Amended by P.L.86-2021, SEC.16.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 4. Traffic Amnesty Program › 9-33-4-3. Definitions

Sec. 3. The following definitions apply throughout this chapter:
(1) "Proof of financial responsibility" has the meaning set forth in IC 9-25-2-3.
(2) "Qualified person" means a person to whom this chapter applies who owes unpaid fees or is or would be required to pay a driving privileges reinstatement fee to obtain a valid driver's license.
(3) "Unpaid fees" means a judgment, fee, or cost described in section 2 of this chapter, whether already owed or required to be paid to obtain driving privileges.
As added by P.L.202-2019, SEC.1.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 4. Traffic Amnesty Program › 9-33-4-4. Petition for Traffic Amnesty; Filing; Service; Objection; Not an Admission of Guilt or Liability

Sec. 4. (a) A qualified person may seek a reduction in the person's unpaid fees by filing a verified petition for traffic amnesty in a circuit or superior court in the county in which the violation giving rise to the unpaid fees was committed. A petition filed under this section must be filed after December 31, 2019, and before July 1, 2022. The petition must include the following:
(1) The person's full name and all other legal names or aliases by which the person is or has been known.
(2) The person's date of birth.
(3) The case number or court cause number of the relevant violations.
(4) An affirmation that the person:
(A) does not owe a child support arrearage or, if the person owes a child support arrearage, has been making the person's required child support payments for at least the preceding six (6) months;
(B) does not have an outstanding arrest warrant; and
(C) was not sentenced to pay restitution to the victim of a crime or, if the person was sentenced to pay restitution, is current with the person's required payments.
(5) The person's:
(A) Social Security number; and
(B) driver's license number.
(6) The date of the violation.
(b) The person may include in a petition filed under this section any other information that the person believes may assist the court.
(c) A person who files a petition under this section shall file the petition under the court cause number of the infraction. The person is not required to pay the filing fee required in civil cases.
(d) The person shall serve a copy of the petition upon the prosecuting attorney in accordance with the Indiana Rules of Trial Procedure.
(e) The prosecuting attorney may reply to the petition not later than thirty (30) days after receipt of the petition. If the prosecuting attorney fails to timely reply to the petition, the prosecuting attorney has waived any objection to the petition.
(f) If a person wishes to receive traffic amnesty for infractions committed in different counties, the person must file a separate petition in each county in which a violation was committed.
(g) A petition filed under this section is not an admission of guilt or liability.
As added by P.L.202-2019, SEC.1. Amended by P.L.86-2021, SEC.17.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 4. Traffic Amnesty Program › 9-33-4-5. Granting Petition Without a Hearing; Denial; Objections

Sec. 5. (a) If the prosecuting attorney does not object, or has waived objection to the petition under section 4 of this chapter, the court may grant the petition for traffic amnesty without a hearing.
(b) The court may summarily deny a petition if the petition does not meet the requirements of this chapter or if the statements contained in the petition demonstrate that the petitioner is not entitled to relief.
(c) If the prosecuting attorney objects to the petition, the prosecuting attorney shall file the reasons for objecting to the petition with the court and serve a copy of the objections on the petitioner at the time the prosecuting attorney objects to the petition. The court shall set the matter for hearing not earlier than sixty (60) days after service of the petition on the prosecuting attorney.
As added by P.L.202-2019, SEC.1.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 4. Traffic Amnesty Program › 9-33-4-6. Granting Petition; Reduction of Unpaid Fees and Driving Privileges Reinstatement Fees; Transmission of Order to Bureau; Appealable

Sec. 6. (a) The court shall grant a petition for traffic amnesty if the petitioner proves by a preponderance of evidence that the:
(1) person is a qualified person; and
(2) violation giving rise to the unpaid fees was committed before January 1, 2020.
(b) If the court grants a petition for traffic amnesty, the court shall issue an order reducing the amount of unpaid fees owed by the person by fifty percent (50%). To the extent some or all of the unpaid fees consist of a driving privileges reinstatement fee, the court shall specify in its order that the petitioner is entitled to driving privileges reinstatement after:
(1) paying fifty percent (50%) of the otherwise required driving privileges reinstatement fee to the bureau;
(2) providing proof of financial responsibility to the court; and
(3) the person is determined not to be otherwise ineligible to have the person's driving privileges reinstated.
(c) The court shall transmit a copy of its order to the bureau in a form and manner prescribed by the bureau. The court shall include in its order a statement that the order is not a conviction, finding of guilt, or finding of liability and that the order is being issued under IC 9-33-4.
(d) The grant or denial of a petition under this chapter is an appealable final order.
As added by P.L.202-2019, SEC.1. Amended by P.L.86-2021, SEC.18.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 5. Reinstatement of Driving Privileges for Convicted Offenders › 9-33-5-1. Purpose

Sec. 1. The purpose of this chapter is to:
(1) Develop and implement educational programs to inform individuals described in section 2 of this chapter of any legal, administrative, or financial requirements that need to be satisfied before the reinstatement of driving privileges.
(2) Identify and coordinate procedures within and between agencies to facilitate the reinstatement of driving privileges to individuals described in section 2 of this chapter.
(3) Collaborate within and between agencies to provide access to driver records, practice exams, required forms, safety classes, or any other materials deemed necessary by an agency for the purposes of fulfilling this chapter.
(4) Make recommendations regarding best practices for driver's license suspensions due to nonmoving violations.
As added by P.L.86-2021, SEC.19.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 5. Reinstatement of Driving Privileges for Convicted Offenders › 9-33-5-2. Applicability

Sec. 2. This chapter applies to the following:
(1) A person who is currently an inmate in the custody of the department of correction.
(2) A person who has been released from the custody of the department of correction within the past twelve (12) months.
(3) A person who is currently under parole supervision or a community corrections program (as defined under IC 35-38-2.6-2).
As added by P.L.86-2021, SEC.19.
2023 Indiana Code › Title 9. Motor Vehicles › Article 33. Administrative Procedures › Chapter 5. Reinstatement of Driving Privileges for Convicted Offenders › 9-33-5-3. Powers and Duties of Bureau

Sec. 3. Not later than July 1, 2021, the bureau shall do the following:
(1) Carry out the administration of programs and activities concerning the reinstatement of driving privileges for individuals described in this chapter.
(2) Advise and collaborate with the department of correction regarding the provision of appropriate programs and services for the reinstatement of driving privileges for individuals described in section 2 of this chapter.
(3) Designate a liaison between the bureau and the department of correction for purposes of fulfilling section 1 of this chapter.
As added by P.L.86-2021, SEC.19.
2023 Indiana Code › Title 10. Public Safety › Article 10. Effect of Recodification of Title 10 › Chapter 1. Effect of Recodification by the Act of the 2003 Regular Session of the General Assembly › 10-10-1-1. "Prior Law"

Sec. 1. As used in this chapter, "prior law" refers to the statutes concerning state police, civil defense, emergency management, military affairs, veterans affairs, and war memorials that are repealed or amended in the recodification act of the 2003 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 2003 regular session of the general assembly.
[2003 Recodification Citation: New.]
As added by P.L.2-2003, SEC.1.
2023 Indiana Code › Title 10. Public Safety › Article 10. Effect of Recodification of Title 10 › Chapter 1. Effect of Recodification by the Act of the 2003 Regular Session of the General Assembly › 10-10-1-2. Purpose of Recodification

Sec. 2. The purpose of the recodification act of the 2003 regular session of the general assembly is to recodify prior law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that:
(1) the recodification act of the 2003 regular session of the general assembly is amended to reflect the changes made in a provision of another bill that adds to, amends, or repeals a provision in the recodification act of the 2003 regular session of the general assembly; or
(2) the minutes of meetings of the code revision commission during 2002 expressly indicate a different purpose;
the substantive operation and effect of the prior law continue uninterrupted as if the recodification act of the 2003 regular session of the general assembly had not been enacted.
[2003 Recodification Citation: New.]
As added by P.L.2-2003, SEC.1.
2023 Indiana Code › Title 10. Public Safety › Article 10. Effect of Recodification of Title 10 › Chapter 1. Effect of Recodification by the Act of the 2003 Regular Session of the General Assembly › 10-10-1-3. Statutory Construction of Recodification

Sec. 3. Subject to section 2 of this chapter, sections 4 through 9 of this chapter shall be applied to the statutory construction of the recodification act of the 2003 regular session of the general assembly.
[2003 Recodification Citation: New.]
As added by P.L.2-2003, SEC.1.
2023 Indiana Code › Title 10. Public Safety › Article 10. Effect of Recodification of Title 10 › Chapter 1. Effect of Recodification by the Act of the 2003 Regular Session of the General Assembly › 10-10-1-4. Effect of Recodification

Sec. 4. (a) The recodification act of the 2003 regular session of the general assembly does not affect:
(1) any rights or liabilities accrued;
(2) any penalties incurred;
(3) any violations committed;
(4) any proceedings begun;
(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;
(6) any tax levies made or authorized;
(7) any funds established;
(8) any patents issued;
(9) the validity, continuation, or termination of any contracts, easements, or leases executed;
(10) the validity, continuation, scope, termination, suspension, or revocation of:
(A) permits;
(B) licenses;
(C) certificates of registration;
(D) grants of authority; or
(E) limitations of authority; or
(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior law;
before the effective date of the recodification act of the 2003 regular session of the general assembly (July 1, 2003). Those rights, liabilities, penalties, violations, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, easements, leases, permits, licenses, certificates of registration, grants of authority, and limitations of authority continue and shall be imposed and enforced under prior law as if the recodification act of the 2003 regular session of the general assembly had not been enacted.
(b) The recodification act of the 2003 regular session of the general assembly does not:
(1) extend or cause to expire a permit, license, certificate of registration, or other grant or limitation of authority; or
(2) in any way affect the validity, scope, or status of a license, permit, certificate of registration, or other grant or limitation of authority;
issued under the prior law.
(c) The recodification act of the 2003 regular session of the general assembly does not affect the revocation, limitation, or suspension of a permit, license, certificate of registration, or other grant or limitation of authority based in whole or in part on violations of the prior law or the rules adopted under the prior law.
[2003 Recodification Citation: New.]
As added by P.L.2-2003, SEC.1.