reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 3. Duties in Civil Actions › 4-6-3-2.4. Settlement Agreements; Use of Settlement Funds

Sec. 2.4. (a) Except as provided in subsection (b) or (c), the attorney general may not agree to a settlement agreement on behalf of the state of Indiana or a state agency unless the settlement agreement includes language specifying that all settlement funds may be used for any purpose allowable under Indiana law.
(b) The attorney general may agree to a settlement requiring settlement funds to be used for the specific purpose set forth in the settlement agreement if:
(1) a federal statute;
(2) a federal regulation; or
(3) a court having jurisdiction;
requires that settlement funds be used for the specific purpose set forth in the settlement agreement.
(c) The attorney general may agree to a settlement requiring settlement funds to be used for the specific purpose set forth in the settlement agreement if the governor, after consultation with the attorney general, has approved the proposed settlement in writing.
(d) If the specific purpose requirement described in subsection (b) only applies to a portion of the settlement funds, the attorney general may agree to the settlement only if the settlement agreement specifies that the remaining settlement funds may be used for any purpose allowable under Indiana law.
(e) Not later than thirty (30) days after the court approves a settlement requiring some or all settlement funds to be used for the specific purpose set forth in the settlement agreement, the attorney general shall provide the legislative council with a:
(1) copy of the settlement agreement; and
(2) concise outline of the settlement agreement.
The settlement agreement and outline must be provided in an electronic format under IC 5-14-6.
As added by P.L.108-2019, SEC.54.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 3. Duties in Civil Actions › 4-6-3-3. Investigative Demand; Issuance

Sec. 3. If the attorney general has reasonable cause to believe that a person may be in possession, custody, or control of documentary material, or may have knowledge of a fact that is relevant to an investigation conducted to determine if a person is or has been engaged in a violation of IC 4-6-9, IC 4-6-10, IC 13-14-10, IC 13-14-12, IC 13-24-2, IC 13-30-4, IC 13-30-5, IC 13-30-8, IC 16-21-15, IC 23-7-8, IC 24-1-2, IC 24-5-0.5, IC 24-5-7, IC 24-5-8, IC 24-9, IC 25-1-7, IC 27-1-37-8, IC 32-34-1.5, or any other statute enforced by the attorney general or is or has been engaged in a criminal violation of IC 13, only the attorney general may issue in writing, and cause to be served upon the person or the person's representative or agent, an investigative demand that requires that the person served do any combination of the following:
(1) Produce the documentary material for inspection and copying or reproduction.
(2) Answer under oath and in writing written interrogatories.
(3) Appear and testify under oath before the attorney general or the attorney general's duly authorized representative.
As added by Acts 1982, P.L.20, SEC.3. Amended by P.L.27-1983, SEC.1; P.L.12-1986, SEC.1; P.L.31-1995, SEC.1; P.L.1-1996, SEC.23; P.L.2-2002, SEC.24; P.L.73-2004, SEC.3; P.L.137-2007, SEC.1; P.L.104-2021, SEC.1; P.L.137-2021, SEC.17; P.L.141-2021, SEC.1; P.L.198-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 3. Duties in Civil Actions › 4-6-3-4. Investigative Demand; Required Provisions; Sales of Synthetic Drugs

Sec. 4. An investigative demand shall contain the following:
(1) A general description of the subject matter being investigated and a statement of the applicable provisions of law.
(2) The date, time, and place at which the person is to appear, answer written interrogatories, or produce documentary material or other tangible items. The date shall not be less than ten (10) days from the date of service of the demand. However, the attorney general may demand and obtain immediate access to records and materials if access is necessary for purposes of investigating alleged violations relating to sales or solicited sales of a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)), a controlled substance analog (as defined in IC 35-48-1-9.3), or a substance represented to be a controlled substance (as described in IC 35-48-4-4.6).
(3) Where the production of documents or other tangible items is required, a description of those documents or items by class with sufficient clarity so that they might be reasonably identified.
As added by Acts 1982, P.L.20, SEC.4. Amended by P.L.196-2013, SEC.1; P.L.80-2019, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 3. Duties in Civil Actions › 4-6-3-5. Investigative Demand; Prohibited Provisions

Sec. 5. An investigative demand may not:
(1) contain a requirement that would be unreasonable if contained in a subpoena or subpoena duces tecum issued by a court in a grand jury investigation; or
(2) require the giving of oral testimony, the production of written answers to interrogatories, or the production of documentary material that would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court in aid of a grand jury investigation.
As added by Acts 1982, P.L.20, SEC.5.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 3. Duties in Civil Actions › 4-6-3-6. Application to Enforce Investigative Demand; Procedure; Contempt; Order

Sec. 6. (a) If a person objects or otherwise fails to obey a written demand issued under section 3 of this chapter, the attorney general may file in the circuit or superior court of the county in which that person resides or maintains a principal place of business within the state an application for an order to enforce the demand. If the person does not reside or maintain a principal place of business in Indiana, the application for the order to enforce the demand may be filed in the Marion County circuit or superior court. Notice of hearing and a copy of the application shall be served upon that person, who may appear in opposition to the application. The attorney general must demonstrate to the court that the demand is proper. If the court finds that the demand is proper, it shall order that person to comply with the demand, subject to such modification as the court may prescribe.
(b) If a person fails or refuses to obey a final order entered under subsection (a) or an order imposing sanctions under section 6.5 of this chapter, the court may hold the person in contempt.
(c) Upon motion by that person and for good cause shown, the court may make any further order in the proceedings which justice requires to protect the person from unreasonable annoyance, embarrassment, oppression, burden, expense, or to protect privileged information, trade secrets or information which is confidential under any other provision of law. If the court finds that either party has acted in bad faith in seeking or resisting the demand, it may order that person to pay the other parties reasonable expenses including attorney's fees.
As added by Acts 1982, P.L.20, SEC.6. Amended by P.L.136-2007, SEC.1; P.L.65-2014, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 3. Duties in Civil Actions › 4-6-3-6.5. Sanctions for Failure to Comply With Demand

Sec. 6.5. (a) This section applies only to a:
(1) foreign corporation that does business in Indiana;
(2) foreign limited liability company that does business in Indiana; and
(3) person who does not reside or maintain a principal place of business in Indiana.
(b) If a person listed in subsection (a) fails or refuses to comply with a written demand issued under section 3 of this chapter, the court may, upon the request of the attorney general or on the court's own initiative, impose one (1) or more of the following sanctions against the person:
(1) Granting injunctive relief to restrain the person from engaging in the:
(A) advertising or sale of any merchandise; or
(B) conducting of any trade or commerce;
if the alleged or suspected violation involves the merchandise, trade, or commerce.
(2) Revoking or suspending the certificate of authority of the person to do business in Indiana.
(3) Enjoining the person from doing business with or being a contractor for the state of Indiana.
(4) Revoking or suspending any other license, permit, or certificate issued under law to the person which is necessary to perform services or engage in transactions in the industry, field, or trade that the alleged or suspected violation under this chapter occurred.
(5) Granting other relief as may be required, until the person fully complies with the investigative demand.
As added by P.L.65-2014, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 3. Duties in Civil Actions › 4-6-3-7. Certain Evidence; Admissibility in Criminal Prosecutions

Sec. 7. Evidence obtained from a human person pursuant to the provisions of this chapter may not be introduced in a subsequent criminal prosecution of that person unless it was obtained by a means independent of this chapter.
As added by Acts 1982, P.L.20, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 3. Duties in Civil Actions › 4-6-3-8. Abridgment of Limitations on Self-Incrimination Prohibited

Sec. 8. This chapter shall not be construed to limit or abridge any limitation on self-incrimination established by law.
As added by Acts 1982, P.L.20, SEC.8.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 3. Duties in Civil Actions › 4-6-3-9. Materials Obtained Under Investigative Demand; Confidentiality

Sec. 9. (a) All documentary material, answers to written interrogatories, and transcripts of oral testimony that are provided pursuant to an investigative demand shall be kept confidential by the attorney general until an action is filed against a person for the violation under investigation, unless:
(1) confidentiality is waived by the person being investigated and the person who has testified, answered interrogatories, or produced documentary material; or
(2) disclosure is made by the attorney general to another state or federal attorney general or law enforcement agency for the purposes of cooperation in law enforcement of state or federal laws.
(b) All documentary material, answers to written interrogatories, and transcripts of oral testimony that are provided to the attorney general pursuant to an investigative demand issued by another state or federal attorney general or law enforcement agency under similar authority shall be treated as if obtained pursuant to an investigative demand issued by the attorney general under section 3 of this chapter.
As added by Acts 1982, P.L.20, SEC.9. Amended by P.L.65-2014, SEC.3; P.L.5-2015, SEC.5.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 3. Duties in Civil Actions › 4-6-3-10. Documentary Material; Custody, Use, and Preservation

Sec. 10. The attorney general is responsible for the custody, use, and necessary preservation of the documentary material made available pursuant to an investigative demand and for its return as provided by this chapter.
As added by Acts 1982, P.L.20, SEC.10.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 3. Duties in Civil Actions › 4-6-3-11. Documentary Material; Return

Sec. 11. When original documentary material made available pursuant to an investigative demand is no longer required for use in a pending proceeding, or, absent any pending proceeding, is no longer required in connection with the investigation for which it was demanded, or at the end of the twenty-four (24) months following the date when the material was made available, whichever is sooner, it shall be returned, unless a request to extend the period beyond twenty-four (24) months has been filed in a court in which a request for an order compelling compliance pursuant to section 6 of this chapter be filed. This section does not require the return of documentary material that has passed into the control of a court or grand jury.
As added by Acts 1982, P.L.20, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 4. Service of Copies on Attorney General in Actions, Cross-Actions, and Proceedings Against State, State Agency, or Employee › 4-6-4-2. Method of Service

Sec. 2. Whenever service on the attorney general is required by this chapter, such service may be made by handing it to the attorney general or any deputy attorney general or by mailing the same to the attorney general by registered mail return receipt requested.
Formerly: Acts 1945, c.3, s.2. As amended by P.L.5-1984, SEC.19.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 4. Service of Copies on Attorney General in Actions, Cross-Actions, and Proceedings Against State, State Agency, or Employee › 4-6-4-3. Service of Summons or Process

Sec. 3. This chapter shall in no way affect or apply to the service of summons or process as provided by law but the requirements in this chapter are in addition thereto.
Formerly: Acts 1945, c.3, s.3. As amended by P.L.5-1984, SEC.20.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 5. Deputies─employment of Counsel by State Agencies Forbidden Without Consent of Attorney General › 4-6-5-1. Power to Appoint and Assign Deputy Attorneys General; Removal From Office

Sec. 1. The attorney general of the state of Indiana shall have the sole right and power to appoint all necessary deputy attorneys general, and to assign any deputy so appointed to any agency of the state of Indiana to perform in behalf of such agency and the state any and all of the rights, powers or duties that are conferred by law or laws upon the attorney general, or done by any attorney, counselor, or deputy attorney general for such agency. The attorney general shall have the power and authority to remove any deputy at any time.
Formerly: Acts 1943, c.70, s.1. As amended by P.L.136-2018, SEC.6.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 5. Deputies─employment of Counsel by State Agencies Forbidden Without Consent of Attorney General › 4-6-5-2. Qualifications; Oath; Direction and Control

Sec. 2. No more deputies shall be appointed and assigned to any agency than may be required by the work of such assignment, nor shall any deputy be appointed who is not a competent attorney. Each deputy shall take and subscribe an oath of office to be administered in the usual form by an officer authorized to administer oaths, which oath shall be kept on file with the attorney-general. It shall be the duty of the attorney-general and such deputy to co-operate and advise with such agency concerning the duties and legal work to be performed, but such deputy shall be under the direction and control of the attorney-general.
Formerly: Acts 1943, c.70, s.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 5. Deputies─employment of Counsel by State Agencies Forbidden Without Consent of Attorney General › 4-6-5-3. Written Consent; Employment of Attorneys or Special General Counsel

Sec. 3. (a) No agency, except as provided in this chapter, shall have any right to name, appoint, employ, or hire any attorney or special or general counsel to represent it or perform any legal service in behalf of the agency and the state without the written consent of the attorney general.
(b) An attorney employed by an agency is subject to IC 34-46-3-1 and Trial Rule 26(B) of the Indiana Rules of Trial Procedure, commonly referred to as the attorney-client and work product privileges, if the requirements to assert the protection and privilege have been satisfied.
Formerly: Acts 1943, c.70, s.3. As amended by P.L.5-1984, SEC.21; P.L.242-2015, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 5. Deputies─employment of Counsel by State Agencies Forbidden Without Consent of Attorney General › 4-6-5-6. Definitions; Exemptions From Act

Sec. 6. (a) The term "competent attorney", as used in this chapter, means a citizen of this state who has been duly licensed to practice law in this state.
(b) The term "agency", whenever used in this chapter, means and includes any board, bureau, commission, department, agency, or instrumentality of the state of Indiana; provided, however, this chapter shall not be construed to apply where:
(1) An appointee has by law duties of a quasi-judicial nature.
(2) Counsel by law is required to represent the public, as distinguished from the state of Indiana, or its agencies.
(3) A substantial part of the duties is in collecting and maintaining statistical information and a legislative reference library.
(4) A constitutional officer of the state is by law made a board, bureau, commission, department, agency, or instrumentality of the state of Indiana.
Formerly: Acts 1943, c.70, s.6; Acts 1965, c.293, s.1. As amended by P.L.5-1984, SEC.22; P.L.136-2018, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 6. Special Deputies for Recovery of Public Funds › 4-6-6-1. Appointment

Sec. 1. The attorney general of Indiana is hereby authorized to appoint and employ special deputies attorney general to assist in the conduct and prosecution of any civil proceedings which the attorney general is required to bring for the purpose of recovering any public funds in behalf of any city, town, township, county, or other governmental unit or public entity of the state under and pursuant to IC 5-11-5, IC 5-11-6, IC 5-11-7, or any other statute enacted on or after March 11, 1955, authorizing or requiring the attorney general to bring any such civil proceedings for the recovery of any such public funds.
Formerly: Acts 1955, c.284, s.1. As amended by P.L.5-1984, SEC.23.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 6. Special Deputies for Recovery of Public Funds › 4-6-6-2. Qualifications; Oath

Sec. 2. All special deputies attorney general appointed and employed under the provisions of this chapter shall be "competent attorneys" as defined in IC 4-6-5. Each such special deputy attorney general shall take and subscribe an oath of office to be administered in the usual form by an officer authorized to administer oaths, which oath shall be kept on file with the attorney general.
Formerly: Acts 1955, c.284, s.2. As amended by P.L.5-1984, SEC.24.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 6. Special Deputies for Recovery of Public Funds › 4-6-6-3. Compensation

Sec. 3. Whenever any special deputy attorney general shall be appointed and employed under the provisions of this chapter, the compensation to be paid such special deputy attorney general shall be fixed by the attorney general of Indiana subject to the approval of the judge of the court in which such special deputy shall bring any action for the recovery of public funds, in an amount commensurate to the prevailing standard of attorneys' fees in the community or area in which such special deputy attorney general regularly engages in the practice of law. Said compensation shall be sufficient to enable any such special deputy attorney general to devote whatever time and facilities as may be necessary to investigate and prosecute any such civil proceedings to a final conclusion, including an appeal to the Indiana supreme court or court of appeals.
Formerly: Acts 1955, c.284, s.3. As amended by P.L.5-1984, SEC.25.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 6. Special Deputies for Recovery of Public Funds › 4-6-6-4. Compensation; Payment From Recoveries or Disbursing Officers

Sec. 4. The compensation of any special deputy attorney general shall be payable from the amount recovered for the benefit of any city, town, township, county, or other governmental unit or public entity of the state as a result of the successful prosecution of any civil proceedings in which any special deputy attorney general has been appointed and employed, and the attorney general of Indiana is authorized to pay compensation to any special deputy attorney general from the amount and to remit the balance to the governmental unit or public entity on behalf of which the amount has been recovered. In the event any civil proceedings are unsuccessful and, upon prosecution to final conclusion, do not result in the recovery of any funds, compensation shall be payable from the funds of the governmental unit or public entity on behalf of which any civil proceedings may have been brought, and the disbursing officers of any and all governmental units or public entities of the state are authorized and directed to make payment in full of any compensation to any special duty attorney general, without an appropriation being made upon certification of the attorney general and the judge of the court in which the action was brought to any disbursing officer of the amount due any special deputy attorney general for the special deputy attorney general's services in connection with the conduct and prosecution of any civil proceedings.
Formerly: Acts 1955, c.284, s.4. As amended by P.L.215-2016, SEC.42.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 6. Special Deputies for Recovery of Public Funds › 4-6-6-5. Demand for Return and Repayment of Funds Before Appointment

Sec. 5. No special deputy attorney general shall be appointed or employed under the provisions of this chapter for the purpose of recovering any particular public funds unless and until the attorney general of Indiana shall have made demand for the return or repayment of such funds from the person or persons, and their sureties if any, who are liable for the return or repayment of such funds and such demand has been refused or remains unsatisfied for a period of thirty (30) days.
Formerly: Acts 1955, c.284, s.5. As amended by P.L.5-1984, SEC.26.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 7. Assistants in Washington, d.c. › 4-6-7-1. Number of Assistants

Sec. 1. The attorney general is authorized to employ one (1) or more assistants, residing in the city of Washington, District of Columbia, to assist the attorney general in the presentation and prosecution of claims of the state against the United States, pertaining to swamplands, or swampland indemnity, as the attorney general may think necessary.
Formerly: Acts 1905, c.75, s.1. As amended by P.L.215-2016, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 7. Assistants in Washington, d.c. › 4-6-7-2. Duration of Employment

Sec. 2. The attorney-general shall have power to limit the duration of such employment, and, if not otherwise expressed in the contract of employment, the same shall cease with the term of the attorney-general making such employment.
Formerly: Acts 1905, c.75, s.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 7. Assistants in Washington, d.c. › 4-6-7-3. Compensation

Sec. 3. As compensation and for all their costs and expenses, the assistant or assistants shall receive a sum equal to not more than twenty-five percent (25%) of the money recovered and turned over to the state, to be fixed in the contract of employment. The state shall not be liable to the assistant or assistants for any other sum, either for compensation or costs. In case money recovered is paid into the state treasury without the percent having been first deducted, the auditor of state shall issue the auditor of state's warrant, upon a voucher approved by the attorney general, for a sum equal to not more than twenty-five percent (25%) of the money recovered and paid in; and there is appropriated out of the funds of the treasury not otherwise appropriated sums as may be necessary for this purpose.
Formerly: Acts 1905, c.75, s.3. As amended by P.L.215-2016, SEC.44.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 8. Duty to Study Federal Legislation and Authority to Join Organizations › 4-6-8-1. Preservation of State Government During War; Reports

Sec. 1. In order to maintain full co-operation in the war effort in all fields of proper state activity and to secure concerted action among the states to preserve the operations of state functions of government, it shall be the duty of the attorney general to study existing and proposed federal legislation and to cooperate with the attorneys general of other cooperating states in studies to determine the effect of legislation upon the normal field of state functions and powers, and to report to Indiana's governor, senators, and representatives in congress the results of the studies in all instances where the attorney general considers the action appropriate, or where, in the attorney general's opinion, any legislation affects, or would affect, if enacted into law, the normal field of state functions and powers.
Formerly: Acts 1943, c.229, s.1. As amended by P.L.215-2016, SEC.45.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 8. Duty to Study Federal Legislation and Authority to Join Organizations › 4-6-8-2. Reports; Senators or Representatives in Congress

Sec. 2. The attorney general shall also make any reasonable or appropriate investigation or study of any existing or proposed federal legislation whenever the attorney general is specifically requested so to do by any of Indiana's senators or representatives in congress and report the result of the investigation or study as requested.
Formerly: Acts 1943, c.229, s.2. As amended by P.L.215-2016, SEC.46.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 8. Duty to Study Federal Legislation and Authority to Join Organizations › 4-6-8-3. Deputy or Assistant Attorney General; Appointment

Sec. 3. The attorney general shall designate or appoint a deputy or an assistant attorney general to assist in the performance of the duties imposed by this chapter.
Formerly: Acts 1943, c.229, s.3. As amended by P.L.5-1984, SEC.27.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 8. Duty to Study Federal Legislation and Authority to Join Organizations › 4-6-8-4. Membership in Attorneys General Organizations; Utilizing Services of Council of State Governments

Sec. 4. The attorney general and the attorney general's deputy or assistant is authorized to become a member of an organization existing on November 3, 1943, or formed after November 3, 1943, consisting of the attorneys general of similarly cooperating states and their deputies and assistants and, through the organization, is further authorized to use the services of the Council of State Governments in any manner deemed appropriate to effect the purposes of this chapter.
Formerly: Acts 1943, c.229, s.4. As amended by P.L.5-1984, SEC.28; P.L.215-2016, SEC.47.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 9. Consumer Protection Division › 4-6-9-3. Staff; Student Work-Study Programs

Sec. 3. (Division: Staff) The Attorney General shall furnish such staff assistance to the division as is necessary to promptly discharge its duties, and the division may participate in student work-study programs.
Formerly: Acts 1971, P.L.22, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 9. Consumer Protection Division › 4-6-9-4.5. Temporary Health Care Services Agencies; Division Director Powers and Duties; Complaints

Sec. 4.5. (a) The director shall do the following:
(1) Investigate a complaint made to the division concerning a temporary health care services agency (licensed under IC 16-52) and determine whether the complaint is substantiated.
(2) Notify the temporary health care services agency (licensed under IC 16-52) of the filed complaint and substance of the complaint.
(3) Subpoena witnesses and compel the production of information if necessary in the investigation of the complaint.
(4) Notify the complainant, the Indiana department of health, and the temporary health care services agency (licensed under IC 16-52) of the director's findings concerning the complaint and that if any remedies or violations are found, that the Indiana department of health has the duty to take action concerning a substantiated complaint, including overseeing any negotiations against the parties.
(b) If the director determines that prosecution of the temporary health care services agency (licensed under IC 16-52) is warranted and the Indiana department of health has not negotiated a settlement between the parties during the period of thirty (30) days after the director has notified the Indiana department of health concerning the director's findings, or if the Indiana department of health informs the director of the intent not to take further action on the matter, the director may report the findings to the attorney general for consideration of prosecution if the director believes disciplinary action is warranted. The attorney general shall consult with the Indiana department of health if the attorney general determines to prosecute the case.
(c) The director may grant, upon the request of the Indiana department of health, a twenty (20) day extension of the time required under subsection (b).
(d) All complaints filed under this section are confidential until the attorney general files notice with the Indiana department of health to prosecute the temporary health care services agency (licensed under IC 16-52) concerning the complaint. The division and the Indiana department of health may only disclose information concerning the complaint if required by law or requested by a law enforcement agency with jurisdiction and as part of an investigation.
As added by P.L.149-2023, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 9. Consumer Protection Division › 4-6-9-6. Legislative Recommendations

Sec. 6. The division shall make legislative recommendations to the legislative council for transmittal to the general assembly. The recommendations must be in an electronic format under IC 5-14-6.
Formerly: Acts 1971, P.L.22, SEC.1. As amended by P.L.28-2004, SEC.30.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 9. Consumer Protection Division › 4-6-9-7. Educational Program; Deceptive Sales Practices; Federal Funds

Sec. 7. (Consumer Educational Programs) The division shall initiate and maintain an educational program to inform consumers of deceptive sales practices and shall be designated by the Governor as the state agency for the receipt and administration of federal funds for the purposes of consumer protection activity.
Formerly: Acts 1971, P.L.22, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 9. Consumer Protection Division › 4-6-9-7.5. Educational Program; Breach of the Security of Data; Prevention and Mitigation

Sec. 7.5. The division may initiate and maintain an educational program to inform consumers of:
(1) risks involved in a breach of the security of data; and
(2) steps that the victim of a security breach should take to prevent and mitigate the damage from the security breach.
As added by P.L.136-2008, SEC.1. Amended by P.L.137-2009, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 9. Consumer Protection Division › 4-6-9-8. Adoption of Rules; Review

Sec. 8. (a) The division may adopt rules under IC 4-22-2 relating to statutes enforced by the division.
(b) A member of the division's staff who actively participates in the adoption of a rule under this section may not conduct the review of that rule required by IC 4-22-2-32.
As added by P.L.24-1989, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 9.1. Price Gouging in Declared Emergencies › 4-6-9.1-1. Period for Which Emergency Declared

Sec. 1. (a) Sections 1 through 7 of this chapter apply to the period during which an emergency is declared and the twenty-four (24) hours before the declaration by the governor under IC 10-14-3-12 or IC 10-14-3-13.
(b) The definitions in IC 10-14-3 apply to this chapter.
As added by P.L.124-2002, SEC.1. Amended by P.L.2-2003, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 9.1. Price Gouging in Declared Emergencies › 4-6-9.1-2. "Price Gouging" Defined

Sec. 2. For purposes of this chapter, "price gouging" means charging a consumer an unconscionable amount for the sale of fuel. Price gouging occurs if:
(1) the amount charged grossly exceeds the average price at which fuel was readily obtainable within the retailer's trade area during the seven (7) days immediately before the declaration of emergency; and
(2) the increase in the amount charged is not attributable to cost factors to the retailer, including replacement costs, taxes, and transportation costs incurred by the retailer.
As added by P.L.124-2002, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 9.1. Price Gouging in Declared Emergencies › 4-6-9.1-3. Powers and Duties of Attorney General

Sec. 3. The attorney general has the following powers and duties regarding price gouging:
(1) To investigate complaints received claiming price gouging.
(2) To seek injunctive relief as appropriate.
(3) To seek restitution for victims of price gouging.
(4) To institute an action to levy and collect a civil penalty.
As added by P.L.124-2002, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 9.1. Price Gouging in Declared Emergencies › 4-6-9.1-4. Use of Information Obtained in Investigation

Sec. 4. (a) Information obtained during the attorney general's investigation under this chapter, including information from a person who responds to the investigation and designates the information as confidential, must be maintained as confidential until the investigation is completed by the attorney general and a course of action is determined. The attorney general may not make known in any manner any information obtained in the course of the investigation to persons other than those specified in subsection (c). Once the investigation is completed, if there is an agreed upon settlement or if charges are filed, the information becomes public.
(b) The attorney general shall make available to the public, upon request, aggregate information concerning complaints of price gouging. The aggregate data may not identify particular persons or locations under investigation.
(c) For purposes of this section, references to the attorney general include other individuals designated in writing and acting on behalf of the attorney general during the investigation. A person designated shall preserve the confidentiality of information under subsection (a).
(d) A person who is served with a request for information, a subpoena to give testimony orally or in writing, or a request or order to produce books, papers, correspondence, memoranda, agreements, or other documents or records under this chapter may apply to any court for protection against abuse or hardship.
As added by P.L.124-2002, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 9.1. Price Gouging in Declared Emergencies › 4-6-9.1-5. Action Brought by Attorney General

Sec. 5. If an investigation by the attorney general results in a finding of price gouging, the attorney general may bring an action in a circuit or superior court with jurisdiction in the county where the price gouging allegedly occurred. If the court finds that the retailer engaged in price gouging, the court may assess a civil penalty against the retailer. The civil penalty may not be more than one thousand dollars ($1,000) per transaction.
As added by P.L.124-2002, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 9.1. Price Gouging in Declared Emergencies › 4-6-9.1-6. Civil Penalties

Sec. 6. Civil penalties collected under section 5 of this chapter must be deposited in the state general fund.
As added by P.L.124-2002, SEC.1. Amended by P.L.6-2012, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 9.1. Price Gouging in Declared Emergencies › 4-6-9.1-7. Preemption of Local Government Powers in Price Gouging Emergencies

Sec. 7. This chapter preempts the power of local governments to regulate pricing of commodities under a declaration of emergency:
(1) under IC 10-14-3-12;
(2) under IC 10-14-3-13; or
(3) by a local government.
As added by P.L.124-2002, SEC.1. Amended by P.L.2-2003, SEC.12.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 10. State Medicaid Fraud Control Unit › 4-6-10-1. Establishment; Certification

Sec. 1. The attorney general shall:
(1) establish a state medicaid fraud control unit that meets the standards prescribed by 42 U.S.C. 1396b(q); and
(2) apply to the secretary of the federal Department of Health and Human Services for certification of the unit under 42 U.S.C. 1396b(q).
As added by Acts 1982, P.L.21, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 10. State Medicaid Fraud Control Unit › 4-6-10-1.5. Authority to Investigate

Sec. 1.5. The state Medicaid fraud control unit has the authority to:
(1) investigate, in accordance with federal law (42 U.S.C. 1396 et seq.):
(A) Medicaid fraud;
(B) misappropriation of a Medicaid patient's private funds;
(C) abuse of Medicaid patients; and
(D) neglect of Medicaid patients; and
(2) investigate, in accordance with federal law (42 U.S.C. 1396 et seq.) and as allowed under 42 U.S.C. 1396b(q)(4)(A)(ii), abuse or neglect of patients in board and care facilities.
As added by P.L.73-2003, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 10. State Medicaid Fraud Control Unit › 4-6-10-2. Employment of Qualified Individuals

Sec. 2. The attorney general shall hire qualified individuals to carry out the responsibilities of the state medicaid fraud control unit, subject to the state budget agency's approval under IC 4-12-1-13.
As added by Acts 1982, P.L.21, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 10. State Medicaid Fraud Control Unit › 4-6-10-3. Subpoena of Witnesses and Records

Sec. 3. The attorney general and an investigator of the Medicaid fraud control unit, when engaged in:
(1) an investigation of an alleged offense under section 1.5 of this chapter; or
(2) the prosecution of an alleged offense that has been referred to the attorney general under IC 12-15-23-6;
may issue, serve, and apply to a court to enforce, a subpoena for a witness to appear before the attorney general in person to produce books, papers, or other records, including records stored in electronic data processing systems, for inspection and examination.
As added by P.L.10-1994, SEC.1. Amended by P.L.73-2003, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 12. Homeowner Protection Unit › 4-6-12-2. Purposes

Sec. 2. The attorney general shall establish a homeowner protection unit to enforce IC 24-9 and to carry out this chapter.
As added by P.L.73-2004, SEC.4. Amended by P.L.66-2014, SEC.1; P.L.52-2017, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 12. Homeowner Protection Unit › 4-6-12-3. Duties

Sec. 3. (a) The unit shall do the following:
(1) Investigate deceptive acts in connection with mortgage lending.
(2) Investigate violations of IC 24-9.
(3) Institute appropriate administrative and civil actions to redress:
(A) deceptive acts in connection with mortgage lending; and
(B) violations of IC 24-5-0.5 and IC 24-9.
(4) Cooperate with federal, state, and local law enforcement agencies in the investigation of the following:
(A) Deceptive acts in connection with mortgage lending.
(B) Criminal violations involving deceptive acts in connection with mortgage lending.
(C) Violations of IC 24-5-0.5 and IC 24-9.
(D) Violations of:
(i) the federal Truth in Lending Act (15 U.S.C. 1601 et seq.);
(ii) the Real Estate Settlement Procedures Act (12 U.S.C. 2601 et seq.); and
(iii) any other federal laws or regulations concerning mortgage lending.
To the extent authorized by federal law, the unit may enforce compliance with the federal statutes or regulations described in this clause or refer suspected violations of the statutes or regulations to the appropriate federal regulatory agencies.
(5) Enforce violations of IC 32-25.5-3 by homeowners associations.
(b) The attorney general shall adopt rules under IC 4-22-2 to the extent necessary to organize the unit.
As added by P.L.73-2004, SEC.4. Amended by P.L.230-2007, SEC.1; P.L.231-2013, SEC.1; P.L.66-2014, SEC.2; P.L.52-2017, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 12. Homeowner Protection Unit › 4-6-12-3.5. "Residential Real Estate Transaction"; Unit to Establish or Designate Toll Free Telephone Number; Staffing; Sharing of Information; Uniform Procedures; Publicizing Number

Sec. 3.5. (a) As used in this chapter, "residential real estate transaction" includes:
(1) mortgage lending practices;
(2) real estate appraisals; and
(3) other practices;
performed or undertaken in connection with a single family residential mortgage transaction or the refinancing of a single family residential mortgage transaction.
(b) Not later than July 1, 2008, the unit shall:
(1) establish a new toll free telephone number; or
(2) designate an existing toll free telephone number operated or sponsored by the office of the attorney general;
to receive calls from persons having information about suspected fraudulent residential real estate transactions.
(c) The toll free telephone number required by this section shall be staffed by:
(1) employees or investigators of the unit who have knowledge of the laws concerning residential real estate transactions;
(2) representatives of any of the entities described in section 4(a)(8) through 4(a)(10) of this chapter who have knowledge of the laws concerning residential real estate transactions; or
(3) a combination of persons described in subdivisions (1) and (2).
The attorney general shall designate persons to staff the toll free telephone number as required by this subsection.
(d) Unless otherwise prohibited by law, the unit shall ensure that information received from callers to the toll free telephone number is shared with any entity described in section 4 of this chapter that has jurisdiction over the matter not later than fifteen (15) business days after the date the unit determines the appropriate entity to which the information should be referred. The unit shall establish uniform procedures for:
(1) responding to calls received;
(2) protecting:
(A) the anonymity of callers who wish to report information anonymously; or
(B) the identity of callers who request that their identity not be disclosed;
(3) documenting and verifying information reported by callers; and
(4) transmitting reported information to the appropriate entities described in section 4 of this chapter within the time required by this subsection.
(e) The unit shall publicize the availability of the toll free telephone number established or designated under this section in a manner reasonably designed to reach members of the public.
As added by P.L.145-2008, SEC.1. Amended by P.L.1-2009, SEC.8.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 12. Homeowner Protection Unit › 4-6-12-4. Interagency Cooperation

Sec. 4. (a) The following may cooperate with the unit to implement this chapter:
(1) The Indiana professional licensing agency and the appropriate licensing boards with respect to persons licensed under IC 25.
(2) The department of financial institutions.
(3) The department of insurance with respect to the sale of insurance in connection with mortgage lending.
(4) The securities division of the office of the secretary of state.
(5) The supreme court disciplinary commission with respect to attorney misconduct.
(6) The Indiana housing and community development authority.
(7) The department of state revenue.
(8) The state police department.
(9) A prosecuting attorney.
(10) Local law enforcement agencies.
(11) The lieutenant governor.
(12) The county auditor.
(13) The county treasurer.
(14) The county recorder.
(b) Notwithstanding IC 5-14-3, the entities listed in subsection (a) may share information with the unit.
As added by P.L.73-2004, SEC.4. Amended by P.L.1-2006, SEC.59; P.L.181-2006, SEC.13; P.L.1-2007, SEC.14; P.L.66-2014, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 12. Homeowner Protection Unit › 4-6-12-5. Filing Complaints With Other Entities

Sec. 5. The attorney general may file complaints with any of the entities listed in section 4 of this chapter to carry out this chapter and IC 24-9.
As added by P.L.73-2004, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 12. Homeowner Protection Unit › 4-6-12-6. Jurisdiction of Other Entities Not Limited

Sec. 6. The establishment of the unit and the unit's powers does not limit the jurisdiction of an entity described in section 4 of this chapter.
As added by P.L.73-2004, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 12. Homeowner Protection Unit › 4-6-12-7. Investigations; Issuance of Subpoenas; Application to Courts

Sec. 7. The attorney general and an investigator of the unit may do any of the following when conducting an investigation under section 3 of this chapter:
(1) Issue and serve a subpoena for the production of records, including records stored in electronic data processing systems, for inspection by the attorney general or the investigator.
(2) Issue and serve a subpoena for the appearance of a person to provide testimony under oath.
(3) Apply to a court with jurisdiction to enforce a subpoena described in subdivision (1) or (2).
As added by P.L.73-2004, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 12. Homeowner Protection Unit › 4-6-12-8. Home Ownership Education Programs

Sec. 8. The unit shall cooperate with the Indiana housing and community development authority in the development and implementation of the home ownership education programs established under IC 5-20-1-4(d).
As added by P.L.73-2004, SEC.4. Amended by P.L.235-2005, SEC.51; P.L.181-2006, SEC.14; P.L.145-2008, SEC.2.