reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 4 - Complaints › Section 4-2 - Complaint procedures

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-13
Sec. 2.
(a) The secretary of state may determine that the allegations in the complaint are not sufficient to warrant formal disciplinary action. In such case, the secretary of state may:
(1) take no action on the complaint;
(2) informally advise the notary public of the appropriate conduct as well as the applicable statutes and rules governing the conduct; or
(3) request further information from the complainant or the notary public prior to taking action.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 5 - Remote Notarial Acts › Section 5-1 - Remote notarial act procedures

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-13-1; IC 33-42-17
Sec. 1.
(a) A commissioned notary public does not have the authority to perform remote notarial acts unless authorized by the secretary of state as a remote notary public.
(b) A remote notary public must be physically located within the boundaries of Indiana at the time the notarial act takes place.
(c) A remote notary public shall not perform a remote notarial act if the principal does not appear in real time by audio visual communication before the remote notary public.
(d) The methods by which a remote notary public identifies a principal are any of the following:
(1) Remote notary public personally knows the principal.
(2) Principal is introduced by oath of credible witness who personally knows the principal and either is personally known to the remote notary public or provides qualifying identification in accordance with subdivision (3).
(3) Principal or credible witness is identified using the identity proofing and credential analysis standard in accordance with 75 IAC 7-8-1.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 5 - Remote Notarial Acts › Section 5-2 - Reasons to refuse to perform remote notarial acts

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-9-5
Sec. 2.
In addition to the refusal grounds set forth in IC 33-42-9-5, relating to refusal of requests for notarial services, a remote notary public must refuse to perform a remote notarial act if:
(1) the remote notary public is unable to verify the identity of the principal using an acceptable means of identification;
(2) the remote notary public is unable to verify the security of the audio visual communication;
(3) the signature of the principal cannot be attached to the electronic document; or
(4) the digital certificate or electronic seal of the remote notary public cannot be attached to the electronic document to render the document tamper evident.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 6 - Electronic Documenting Standards › Section 6-1 - Prohibition against entering personal information in an electronic journal

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-17-8
Sec. 1.
(a) A notary public (other than a court clerk notarizing instruments for the court) shall not record in the notary's record journal:
(1) an identification number that was assigned by a governmental agency or by the United States to the principal and that is set forth on the identification card or passport presented as identification;
(2) any other number that could be used to identify the principal of the document; or
(3) a biometric identifier, including a fingerprint, voice print, and retina or iris image.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 6 - Electronic Documenting Standards › Section 6-2 - Electronic notary seal

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-0.5-13; IC 33-42-17-6
Sec. 2.
(a) The name on the electronic notary public seal must match the name, as stated on the application, under which the notary public is commissioned and performs all remote notarial acts.
(b) The technology used to attach an electronic signature to a document must allow a notary public's electronic signature to be:
(1) attributed or uniquely linked to the notary public;
(2) capable of independent verification;
(3) retained under the notary public's exclusive control implemented by use of passphrase protection; and
(4) linked to the electronic document to which it relates in such a manner that any subsequent change of the electronic document is detectable.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 7 - Remote Technology Continuing Responsibilities › Section 7-1 - Changes to selected remote technology vendor

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-17-11
Sec. 1.
The notary public must notify the secretary of state within thirty (30) days after the notary public changes the remote technology vendor or contracts with an additional remote technology vendor. A notary public may use more than one (1) remote technology vendor. If the notary public fails to meet these standards, then the secretary of state may suspend or revoke the notary public's commission and the notary public's remote authorization.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 7 - Remote Technology Continuing Responsibilities › Section 7-2 - Changes to digital certificate and electronic seal

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-17-6; IC 33-42-17-7
Sec. 2.
(a) A notary public must, at all times, maintain a digital certificate and electronic seal that includes the notary public's electronic signature. The digital certificate must comply with the provisions of IC 33-42-17-7, and the electronic seal must comply with 75 IAC 7-6-2.
(b) A notary public must replace a digital certificate under any of the following circumstances:
(1) The electronic seal or digital certificate has expired.
(2) The electronic seal or digital certificate is for any reason no longer valid or capable of authentication.
(3) The notary public has changed any of the following:
(A) Name.
(B) County of commission or county of primary employment.
(C) Notary public commission number.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 8 - Remote Technology Vendor Requirements › Section 8-1 - Identity proofing and credential analysis standards

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-17-5
Sec. 1.
(a) Identity proofing and credential analysis must be facilitated by an approved remote technology vendor.
(b) Identity proofing must be performed through dynamic knowledge based authentication or through another process or service approved by the secretary of state.
(c) Dynamic knowledge based authentication must, at a minimum:
(1) contain five (5) questions, drawn from public or private data sources;
(2) generate a minimum of five (5) possible answer choices per question;
(3) maintain a passing score of at least eighty percent (80%); and
(4) require that all five (5) questions answered within two (2) minutes.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 8 - Remote Technology Vendor Requirements › Section 8-2 - Remote notarial act system

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-17-6
Sec. 2.
A remote notary system used to perform remote notarial acts by means of audio visual communication must:
(1) provide for real time audio visual feeds;
(2) provide sufficient video resolution and audio clarity to enable the remote notary public and the principal to see and speak to each other simultaneously through real time transmission;
(3) provide sufficient captured image resolution for credential analysis to be performed;
(4) include a means of authentication that reasonably ensures only the proper parties have access to the audio visual communication;
(5) provide some manner of ensuring that the electronic record that is subject to the remote notarial act is the same record electronically signed by the principal;
(6) securely create, store, and transmit an electronic recording of the audio visual communication, maintaining the confidentiality of any identity proofing responses or analysis; and
(7) provide reasonable security measures to prevent unauthorized access to:
(A) the real time transmission of the audio visual communication;
(B) a recording of the audio visual communication;
(C) the verification methods and credentials used to verify the identity of the principal; and
(D) the electronic documents presented for electronic notarization.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 8 - Remote Technology Vendor Requirements › Section 8-3 - Remote technology vendor

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-17-6
Sec. 3.
(a) A remote technology vendor must apply with and be approved by the secretary of state.
(b) The secretary of state must provide the names and contact information of approved remote technology vendors on its official website.
(c) Remote technology vendors must provide notice to the secretary of state within fifteen (15) days if their contact information changes.
(d) Remote technology vendors must provide notice to notaries utilizing their services and the secretary of state's office fifteen (15) days prior to the date that they will no longer provide remote technology services.
(e) If a remote technology vendor intends to make material modifications that affect its compliance with Indiana law or this title, notice must be provided to the secretary at least ten (10) days prior to such modifications, and implementation shall only occur upon receiving the approval from the secretary of state.
(f) A remote technology vendor must electronically report the following:
(1) A monthly listing of all notaries public that have on-boarded to the vendor's software.
(2) A monthly listing of all notaries public that have off-boarded from the vendor's software.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-2 - "Business" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2
Sec. 2.
"Business" means any corporation, partnership, limited
				  liability company, individual, sole proprietorship, joint stock company, joint
				  venture, or other private legal entity.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-3 - "Change order" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 3.
"Change order" means a written order that:
(1) is signed by the executive director or
				his or her designated representative; and
(2) directs the contractor to make changes to
				the specifications outlined in the original contract.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-5 - "Commission works" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 5.
"Commission works" means the process of building, altering,
				  repairing, improving, or demolishing any structure or building, or other
				  improvement of any kind to any real property owned by or leased in the name of
				  the commission.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-6 - "Commission works contract" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 6.
"Commission works contract" means a contract between the
				  commission and a person for the performance of some work or service related to
				  the completion of a commission works project for the commission. However, the
				  term does not include contracts for professional services that are related to
				  the performance of the commission works, unless specifically provided to the
				  contrary.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-7 - "Construction", "commission works", and "improvement" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 7.
"Construction", "commission works", and "improvement" mean
				  the process of building, altering, repairing, improving, or demolishing any
				  structure, building, or other improvement of any kind to any real property
				  owned by or leased in the name of the commission, including the preparation of
				  drawings, plans, and specifications thereof, and the routine operation, routine
				  repair, or routine maintenance of existing structures, buildings, or real
				  property.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-8 - "Consulting engineer or architect" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 8.
"Consulting engineer or architect" means a professionally
				  qualified engineer or architect in private practice, maintaining an engineering
				  or architecture office, either alone or in association with other engineers or
				  architects, employing staff to provide consultancy services.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-9 - "Contract" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2
Sec. 9.
"Contract" means all types of agreements, regardless of what
				  they may be called, for the procurement of services, insurance, or
				  supplies.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-10 - "Contract amendment or modification" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 10.
"Contract amendment or modification" means any written
				  alteration in specifications, delivery point, rate of delivery, period of
				  performance, price, quantity, or other provision of any contract, which
				  alteration is accomplished by mutual action of the parties to the
				  contract.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-11 - "Contractor" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 11.
"Contractor" means any person who has entered into or seeks
				  to enter into a contract with the commission.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-12 - "Contracts department" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 12.
"Contracts department" means the department of the
				  commission that maintains contracts entered into by the
				  commission.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-13 - "Cost reimbursement contract" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 13.
"Cost reimbursement contract" means a contract under which a
				  contractor is entitled to receive reimbursement for costs that are allowable
				  and allocable in accordance with the contract terms and the provisions of this
				  article and a fee, if any.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-14 - "Data" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 14.
"Data" means any recorded information, regardless of its
				  form or characteristics.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-15 - "Data processing" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2
Sec. 15.
"Data processing" means resources and technologies
				  associated with the fields of information processing, office automation, and
				  telecommunications facilities and networks.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-16 - "Deadly weapon" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2; IC
				  35-47-1-5; IC
				  35-47-8-1; IC
				  35-47-8-3
Sec. 16.
(a) "Deadly
				weapon" means any of the following:
(1) A
				loaded or unloaded firearm (as defined in IC
				35-47-1-5) .
(2) A destructive device, weapon, device,
				taser (as defined in IC
				35-47-8-3) or electronic stun
				weapon (as defined in IC 35
				47-8-1) , or equipment, including
				knives, chemical substances, or other material, that, in the manner it is used,
				or could ordinarily be used, or is intended to be used, is readily capable of
				causing serious bodily injury.
(3)
				A biological disease, virus, or organism that is capable of causing serious
				bodily injury.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-17 - "Distribution" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 17.
"Distribution" means the transmitting of literature,
				  products, or other forms of written communications or commodities either for
				  sale or at no cost to the recipient.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-18 - "Escrowed income" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 18.
"Escrowed income" means the value of all property held in an
				  escrow account over the escrowed principal in the account.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-19 - "Escrowed principal" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 19.
"Escrowed principal" means the value of all cash,
				  securities, or other property placed in an escrow account by the commission or
				  a contractor as a retainage on a commission works contract.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-20 - "Established catalog price" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2
Sec. 20.
"Established catalog price" means the following:
(1) The price included in a catalog, price
				list, schedule, or the form that is regularly maintained by the manufacturer or
				contractor.
(2) The price either
				published or otherwise available for inspection by customers.
(3) The price at which sales are currently or
				were last made to a significant number of any category of buyers, or buyers
				constituting the general buying public, for the supplies involved.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-21 - "Executive director" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 21.
"Executive director" means the chief administrative officer
				  of the commission.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-22 - "Fairgrounds" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 22.
"Fairgrounds" means the Indiana state fairgrounds and other
				  property owned by the commission.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-23 - "Invitation for bids" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 23.
"Invitation for bids" means all documents, whether attached
				  or incorporated by reference, used for the purpose of soliciting
				  bids.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-24 - "Person" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 24.
"Person" means any business, individual, committee, or other
				  organization or group of individuals.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-25 - "Possession" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 25.
"Possession" means on or about a person's body or clothing,
				  or in any purse, backpack, cooler, sack, carrier, or other container carried by
				  the person or under that person's direct and immediate
				  control.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-26 - "Procurement" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2
Sec. 26.
"Procurement" means buying, purchasing, renting, leasing, or
				  otherwise acquiring any services, insurance, or supplies and includes functions
				  that pertain to the obtaining of any services, insurance, or supplies,
				  including the following:
(1)
				Description of requirements.
(2)
				Selection or solicitation of sources.
(3) Preparation and award of
				contract.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-27 - "Procurement officer" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 27.
"Procurement officer" means any person duly authorized to
				  enter into and administer contracts and make written determinations with
				  respect to those contracts.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-28 - "Property" and "worthless property" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-1-16; IC
				  35-31.5-2-253
Sec. 28.
(a)
				"Property" includes both real and personal property and has the meaning set
				forth in IC
				35-31.5-2-253.
(b) "Worthless property" means property with
				no market value if the value of the property is less than the estimated cost of
				the sale and transportation of the property.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-29 - "Public funds" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 29.
"Public funds" means funds created by the commission's
				  accounting system and includes funds administered by the commission and subject
				  to audit by the state board of accounts.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-30 - "Purchase description" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 30.
"Purchase description" means the words used in a
				  solicitation to describe the services, insurance, or supplies to be purchased
				  and includes specifications attached to, or made a part of, the
				  solicitations.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-31 - "Purchasing department" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 31.
"Purchasing department" means the department of the
				  commission that is responsible for initiating and documenting purchases for the
				  commission.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-32 - "Request for information" or "RFI" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 32.
"Request for information" or "RFI" means a process that may
				  be used to solicit information and ideas prior to issuing a request for
				  proposals.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-33 - "Request for proposals" or "RFP" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 33.
"Request for proposals" or "RFP" means all documents,
				  whether attached or incorporated by reference, used for soliciting
				  proposals.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-34 - "Responsible bidder" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2
Sec. 34.
"Responsible bidder" means a person who has the:
(1) capability to perform fully the contract
				requirements; and
(2) integrity and
				reliability that will ensure good faith performance.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-35 - "Responsible contractor" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 35.
"Responsible contractor" means a contractor who:
(1) is capable of performing a commission
				works contract fully;
(2) has the
				integrity and reliability that will ensure good faith performance;
				and
(3) is certified by the
				commission as qualified, if applicable.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-36 - "Responsive bidder" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 36.
"Responsive bidder" means a person who has submitted a bid
				  that conforms in all material respects to the invitation for
				  bids.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-37 - "Responsive contractor" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 37.
"Responsive contractor" means a contractor that has
				  submitted a bid or a quotation in conformity with instructions, contract
				  documents, terms, and other conditions for a contract.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-38 - "Retainage" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 38.
"Retainage" means any amount to be withheld from a payment
				  to a contractor or subcontractor under the terms of a commission works contract
				  until the occurrence of a specified event.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-39 - "Sampling" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 39.
"Sampling" means the distribution of literature, product
				  samples, or other forms of items that is intended to solicit, urge, or entice
				  the purchase or support of a product, goods or services, or ideological or
				  political activity from the general public.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-40 - "Services" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2; IC 25-4; IC 25-31
Sec. 40.
"Services" means the furnishing of labor, time, or effort by
				  a contractor, not involving the delivery of a specific end product other than
				  printed documents or other items that are merely incidental to the required
				  performance, and includes the following terms used throughout this
				  article:
(1) "Personal services" means
				the services of a person who does not meet the requirements of subdivision (2),
				but who has technical expertise to accomplish a specific study, project, task,
				or other work on matters not related to a commission works project.
(2) "Professional services" means one (1) of
				the following:
(A) The services of a person
				registered, certified, or licensed under Indiana statute or by the Indiana
				supreme court.
(B) For the purposes
				of commission works projects:
(i) the services
				of a person registered or certified under IC 25-4;
(ii) the services of a person licensed under
				IC 25-31; or
(iii) the services of
				a person who performs services or studies that relate to the design or the
				feasibility of a building, structure, or improvement and recognized in the
				industry as professional in nature.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-41 - "Solicitation" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 41.
"Solicitation" means:
(1) rallies, demonstrations, or protests, or
				all, in support for; or
(2) the act
				of soliciting, urging, enticing, or otherwise seeking to obtain through offers,
				suggestions, or incentives in support of; products, services, items for
				purchase, or support for an ideological or political methodology being offered
				to the general public.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-42 - "Specifications" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2
Sec. 42.
"Specifications" means any description of the physical or
				  functional characteristics of a supply or the nature of a supply and may
				  include a description of any requirements for inspecting, testing, or preparing
				  a supply or construction item for delivery.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-43 - "Subcontractor" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  5-16-5; IC
				  5-16-5.5; IC
				  15-13-2
Sec. 43.
"Subcontractor" means any person entering into a contract
				  with a contractor to furnish labor, labor and materials, or materialmen as
				  their respective interest may appear under IC
				  5-16-5 or IC
				  5-16-5.5 used in the actual
				  construction of a commission works project.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-44 - "Substantial completion" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 44.
"Substantial completion" means the condition of a commission
				  work when it is sufficiently completed, in accordance with the contract
				  documents as modified by any completed change orders agreed to by the parties,
				  so that the commission can occupy or take possession of the commission work and
				  use it as it is intended to be used.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-45 - "Supplies" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 45.
"Supplies" means all property, including, but not limited
				  to, equipment, materials, and goods but excluding real
				  property.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 7 - DEFINITIONS › Rule 1 - Definitions › Section 1-46 - "Term" defined

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 46.
"Term" means the original fixed duration of a contract
				  including any renewals or extensions by contract amendment or modification to
				  the contract.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 1 - General Provisions › Section 1-1 - Purpose; construction

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 1.
The purpose of this article is to establish rules to govern
				  the procurement of supplies and services utilized by the commission and to
				  ensure fair competition among persons competing in the procurement
				  process.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 1 - General Provisions › Section 1-2 - Application

Current through July 10, 2024
Authority: IC 15-13-2-9; IC 15-13-3-8
Affected: IC 15-13-2
Sec. 2.
(a) This
				article applies to the following:
(1)
				Contracts for services as defined in
				80 IAC 7-1-40.
(2) Contracts for supplies.
(3) Contracts for insurance and
				administrative services for insurance.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 1 - General Provisions › Section 1-3 - Application exceptions

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2
Sec. 3.
This article applies to every expenditure of public funds by
				  the commission, regardless of their source, for the procurement of services,
				  insurance, or supplies except for the following:
(1) Collective bargaining agreements between
				the commission and its employees.
(2) Employment agreements.
(3) Investment of public funds.
(4) Contracts between governmental bodies and
				bodies corporate and politic.
(5)
				Contracts regarding real property of the commission.
(6) Contracts regarding
				entertainment.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 1 - General Provisions › Section 1-4 - Grants, gifts, bequests, and other cooperative agreements; conflicting provisions

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 4.
Notwithstanding the provisions of this article, the
				  commission shall comply with the terms and conditions of any grant, gift,
				  bequest, or other cooperative agreement if noncompliance with those terms and
				  conditions would invalidate the grant, gift, bequest, or other cooperative
				  agreement.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 2 - Purchasing Organization › Section 2-1 - Contracts and purchasing departments

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2
Sec. 1.
(a) There is
				established within the commission a contracts department and a purchasing
				department in conformance with this article.
(b) All procurement functions shall be
				conducted in conformance with this article by the contracts or purchasing
				department, or both.
(c) The
				contracts and purchasing departments may enter into agreements with the
				procurement division of the state of Indiana to make procurements through an
				established quantity procurement agreement and the federal General Services
				Agency processes or directly enter into quantity purchase agreements for the
				commission, where applicable and cost effective.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 2 - Purchasing Organization › Section 2-2 - Duties; specifications

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2
Sec. 2.
(a) The
				contracts and purchasing departments shall prepare, issue, revise, maintain,
				and monitor the use of specifications for supplies.
(b) Specifications must:
(1) promote overall economy for the purposes
				intended; and
(2) encourage
				competition in satisfying the commission's needs.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 2 - Purchasing Organization › Section 2-3 - Purchasing preferences

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  5-22-15; IC
				  15-13-2
Sec. 3.
The contracts and purchasing departments shall ensure that
				  requests for quotations and bid packages comply with IC
				  5-22-15 concerning purchasing
				  preferences.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 3 - Methods of Source Selection and Contract Formation › Section 3-1 - Methods of source selection; contracts

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  4-13-1-17; IC
				  15-13-2
Sec. 1.
(a) Contracts
				for:
(1) purchased services;
(2) supplies exceeding fifty thousand dollars
				($50,000); or
(3) administrative
				services for group insurance or insurance authorized under IC
				4-13-1-17 (if the annual premium
				exceeds five thousand dollars ($5,000)); must be awarded by the contracts
				department under section 2, 4, 5, 6 or 7 of this rule unless another method is
				authorized under this rule.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 3 - Methods of Source Selection and Contract Formation › Section 3-2 - Request for information

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2
Sec. 2.
(a) When the
				commission and its staff are not fully knowledgeable of the exact service or
				services or supplies needed and require more information from prospective
				vendors to complete an invitation to bid or request for proposal, the contracts
				or purchasing department may issue a request for information using the
				procedure provided by this section.
(b) The request for information must contain
				full details of the product requirements, specifications, purchase options, and
				any other criteria where the commission is in need of additional
				information.
(c) Responders will be
				asked to outline or submit, or both, recommendations that best fit the
				commission and an explanation why.
(d) The contracts or purchasing department
				shall issue the request for information to known vendors who provide services
				or supplies related to the subject matter of the request for
				information.
(e) Submissions may be
				reviewed, evaluated, and ranked by an internal team at the commission. The
				commission may elect to proceed with negotiating a final contract with the
				prevailing respondent.
(f) If a
				contract is not entered into by the commission under subsection (e), the
				commission may issue a solicitation as outlined in this rule based on the
				information received from respondents.
(g) The commission shall have the right to
				cancel the request for information as specified under section 9 of this rule.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 3 - Methods of Source Selection and Contract Formation › Section 3-3 - Small purchases; quotes

Current through July 10, 2024
Authority: IC 15-13-2-9; IC 15-13-3-8
Affected: IC 15-13-2
Sec. 3.
(a) Small
				purchases, as described under subdivisions (1) and (2), shall be processed
				under the following provisions:
(1) Purchases
				of five thousand dollars ($5,000) or less as follows:
(A) A procurement with an estimated cost not
				exceeding five thousand dollars ($5,000) may be made under the procedure
				outlined in this section.
(B) The
				purchasing department shall invite quotes from at least one (1) person known to
				deal in the supplies or purchased services to be procured.
(C) The purchase description and date that
				quotes are due shall be communicated to the person invited to submit the quote.
				Means of communication may include mail, telephone, electronic mail, or
				facsimile machine.
(D) The
				purchasing department may consider an advertised price in a catalog, newspaper
				advertisement, radio commercial, television commercial, online, or other media
				communication to be a quote received by the commission. The commission must
				know of the advertised price at the time quotes are due.
(E) If a responsive quote is received, the
				purchasing department shall procure the item from the lowest responsive and
				responsible contractor.
(F) If no
				responsive quote is received from a responsible contractor, the purchasing
				department is authorized to procure the item on the open market without further
				invitations for quotes.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 3 - Methods of Source Selection and Contract Formation › Section 3-4 - Sealed bidding (invitation to bid)

Current through July 10, 2024
Authority: IC 15-13-2-9; IC 15-13-3-8
Affected: IC 15-13-2
Sec. 4.
(a) The
				following procedures shall be followed by the contracts department in awarding
				contracts by sealed bidding:
(1) An invitation
				to bid shall be issued and must include the following:
(A) A purchase description.
(B) All contractual terms and conditions
				applicable to the procurement.
(C)
				A statement of criteria to be used, including, but not limited to, any of the
				following:
(i) Inspection, testing, quality,
				workmanship, delivery, previous contractual relationship with the commission,
				and suitability for a particular purpose.
(ii) Any requirement imposed under section 11
				of this rule.
(D) The
				time, date, and place for the opening of bids.
(E) A statement concerning whether the bid
				must be accompanied by a certified check or other evidence of financial
				responsibility.
(F) A statement
				concerning the conditions under which a bid proposal may be canceled or
				rejected in whole or in part as specified under section 9 of this
				rule.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 3 - Methods of Source Selection and Contract Formation › Section 3-5 - Request for proposals

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2
Sec. 5.
(a) When the
				contracts or purchasing department determines that the use of competitive
				sealed bidding is either not practicable or not advantageous to the commission,
				a contract may be awarded using the procedure provided by this
				section.
(b) The contracts
				department shall solicit proposals, which must include the following:
(1) A statement concerning the relative
				importance of price and the other evaluation factors.
(2) A statement concerning whether the
				proposal must be accompanied by a certified check or other evidence of
				financial responsibility.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 3 - Methods of Source Selection and Contract Formation › Section 3-6 - Sole source procurement

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2
Sec. 6.
A contract may be awarded for a service or supply without
				  competition when the executive director or his or her designated representative
				  has determined that there is only one (1) source for the required service or
				  supply. A copy of such determination shall be made a part of the contract file.
				  Any such proposed contract having an expenditure value exceeding one hundred
				  thousand dollars ($100,000), along with a copy of the executive director's
				  determination, shall be presented to the commission under section 8(c) of this
				  rule.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 3 - Methods of Source Selection and Contract Formation › Section 3-7 - Special procurements

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  4-13-1-17; IC
				  15-13-2
Sec. 7.
(a)
				Notwithstanding any other provision of this article, the executive director or
				his or her designated representative may make or authorize the contracts or
				purchasing department to make special procurements:
(1) when there exists, under emergency
				conditions, a threat to public health, welfare, or safety;
(2) when there exists a unique opportunity to
				obtain supplies at a substantial savings to the commission;
(3) for the procurement of data processing
				contracts or license agreements for:
(A)
				software programs; or
(B) supplies,
				when only one (1) source meets the commission's reasonable
				requirements;
(4) for
				contracts for insurance authorized under IC
				4-13-1-17 if the annual premium
				does not exceed five thousand dollars ($5,000);
(5) when:
(A) the compatibility of equipment,
				accessories, or replacement parts is a substantial consideration in the
				procurement; and
(B) only one (1)
				source meets the using department's reasonable requirements;
(6) when procurement of the
				required supplies under another section of this rule would seriously impair the
				function of the using department;
(7) when the contracts or purchasing
				department has:
(A) solicited for a
				procurement under another section of this rule; and
(B) not received a responsive
				offer;
(8) when the time
				periods for performance as determined by the executive director or his or her
				designated representative would be seriously impaired by bidding, so long as at
				least two (2) price quotes are obtained; or
(9) when a current contract has expired and
				the commission has recently tested the market within the previous eight (8) to
				ten (10) years with a request for proposals or invitation to bid.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 3 - Methods of Source Selection and Contract Formation › Section 3-8 - Approval of contracts, amendments, and renewals

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2
Sec. 8.
(a) The
				executive director, on behalf of the commission, shall approve contracts that
				are:
(1) less than one hundred thousand
				dollars ($100,000); or
(2) special
				procurements meeting the terms of section 7(a)(1) or 7(a)(6) of this rule,
				where expediency and timeliness are essential.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 3 - Methods of Source Selection and Contract Formation › Section 3-9 - Cancellation or rejection of solicitation; procedures

Current through July 10, 2024
Authority: IC 15-13-2-9; IC 15-13-3-8
Affected: IC 15-13-2
Sec. 9.
(a) Prior to
				opening, a solicitation may be canceled, in whole or in part, when the
				executive director determines, in writing, that such action is in the best
				interest of the commission for reasons including, but not limited to, the
				following:
(1) The commission no longer
				requires the services or supplies.
(2) The commission no longer can reasonably
				expect to fund the procurement.
(3)
				Proposed amendments to the solicitation would be of such magnitude that a new
				solicitation is desirable.