reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 4 - Claims › Section 4-10 - Owner of cashier's checks

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 10.
(a) The
				owner of a cashier's check is presumed to be the payee unless the remitter has
				the cashier's check in his or her possession.
(b) A payee is presumed to have received
				payment for a cashier's check or other instrument, and the payee must establish
				that the check was not cashed and that the owner is not, in fact, a holder in
				due course.
(c) It is the
				responsibility of the payee to disburse any funds or property in accordance
				with any existing contract or agreement.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 4 - Claims › Section 4-11 - Release of securities

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 11.
(a) Stock
				certificates received through safe deposit boxes or directly from a holder may
				be released to the rightful owner by the following methods:
(1) Transfer the securities to the
				claimant.
(2) Pay money for the
				value of the securities as of the date the securities were delivered to the
				attorney general.
(3) Release to
				the original owner in the case of obsolete stock certificates in the original
				owner's name, or release according to the direction of the lawful heirs if the
				original owner is deceased.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 4 - Claims › Section 4-12 - Payment of claims

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 12.
(a)
				Warrants for payment of unclaimed property shall be authorized and payment
				made:
(1) in the name of, and mailed to, the
				established owner;
(2) to the
				court-appointed estate administrator, administratrix, executor, executrix, or
				personal representative;
(3) to the
				court-appointed guardian;
(4) in
				accordance with a court decree of distribution;
(5) to a creditor;
(6) to a trustee in bankruptcy;
(7) to a receiver; or
(8) to joint claimants.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 4 - Claims › Section 4-13 - Delivery of property to claimant

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 13.
(a) A
				successful claimant to the contents of a safe deposit box held by the attorney
				general must appear in person or send an authorized agent to receive such
				property at a place designated by the attorney general.
(b) Securities, warrants, checks, or other
				intangible property may be sent by first class, certified, U.S. mail, postage
				prepaid, to the claimant's address or as the claimant directs.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 4 - Claims › Section 4-14 - Payment of claims for transferred mineral interests

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 14.
When a claim is paid on a mineral interest that has been
				  sold by the owner or the heir, all monies reported to the attorney general
				  before the date of delivery of deed shall be paid to the grantor. Monies
				  reported after the date of delivery of deed shall be paid to the
				  grantee.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 4 - Claims › Section 4-15 - Claims paid in error

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 15.
If the attorney general pays a claimant in error, the
				  attorney general may do the following:
(1) In the case of ownership, when a person
				with the same name can present evidence that payment was made in error, the
				attorney general may pay the second claimant after notifying the first payee
				that:
(A) another claimant has filed for the
				property and is the valid owner;
(B) the first payee is requested to refund
				the monies paid;
(C) the first
				payee has the right to present evidence of a superior claim and more fully
				documented proof of ownership;
(D)
				the attorney general may require a hearing before an administrative law judge
				to determine or verify ownership; and
(E) the attorney general may pursue
				collection through appropriate court action.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 5 - Additional Procedures › Section 5-1 - Disposal of contraband

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 1.
(a) All
				items of contraband, and all identifying information related to the item, shall
				be made available to law enforcement agencies as soon as possible after they
				are received.
(b) The attorney
				general, in conjunction with law enforcement agencies, shall determine the
				method of storage, disposal, and delivery of contraband.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 5 - Additional Procedures › Section 5-2 - Firearms

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 2.
(a) The
				attorney general shall notify the appropriate law enforcement agency upon
				receipt of any firearm and will furnish all identifying information related to
				the firearm.
(b) After the law
				enforcement agency notifies the attorney general that the firearm is not
				connected with any criminal investigation, the firearm shall be sold at auction
				by a dealer licensed to sell firearms.
(c) The dealer shall conduct the sale of
				firearms in strict compliance with Indiana laws and rules concerning firearms
				sales. Any firearm that may not lawfully be sold shall be treated as property
				of no obvious commercial value or as contraband.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 5 - Additional Procedures › Section 5-3 - Receipt and sale of securities and commodities

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 3.
(a)
				Securities and commodities received by the attorney general as unclaimed
				property shall be sold as soon as practical.
(b) Securities and commodities that become
				reportable abandoned property under the Act when remitted to the attorney
				general, must include all interest, dividends, stock splits, if any, warrants,
				or other rights even though the interest, dividends, stock splits, warrants, or
				other rights standing alone would not be reportable abandoned
				property.
(c) Interest, dividends,
				stock splits, warrants, or other rights that become reportable abandoned
				property under the Act, must, when remitted to the attorney general, include
				the underlying security or commodity giving rise to the interest, dividends,
				splits, warrants, or other rights.
(d) The attorney general may, when remittance
				cannot be made as provided in subsection (c), provide written instructions to
				the holder for remittance of the particular security or commodity.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 5 - Additional Procedures › Section 5-4 - Disposition of unclaimed property other than cash

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 4.
Unclaimed property of intrinsic or historical value, if it
				  is determined that it has no substantial commercial value, may be loaned or
				  donated to other agencies or institutions if deemed by the attorney general
				  that the retention of such property would be of public
				  interest.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 6 - Filing Dates for Reports Required to be Filed › Section 6-1 - Filing dates for reports required to be filed

Current through July 10, 2024
Authority: IC
				  32-34-1-26; IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 1.
Unless otherwise provided by statute, the reports required
				  by IC 32-34-1-26(a)
[IC 32-34-1 was repealed by
				  P.L.
				  141-2021,
				  SECTION
				  19, effective July 1, 2021.]
to be
				  filed by holders of property presumed to be abandoned must be filed as
				  follows:
(1) The report of a life
				insurance company must be filed before May 1 of each year for the calendar year
				preceding the year in which the report is filed.
(2) All other holders must file the report
				before November 1 of each year to cover the year preceding July 1 of the year
				in which the report is filed.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 2 - CONTRACT APPROVAL › Rule 1 - Definitions › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC 4-13-2-14.3
Affected: IC 4-13-2
Sec. 1.
(a)
				"Purchase orders" means those forms identified as purchase orders and approved
				by the state board of accounts, the commission on public records, the
				commissioner of the department of administration and the attorney
				general.
(b) "Quantity purchase
				agreement (QPA)" means those agreements authorized by
				25 IAC
				1.1-1-16(f)  and approved by a deputy
				designated by the attorney general to review and approve contracts.
(c) "Quantity purchase award release (QPA
				release)" means that form used by the commissioner of the department of
				administration to make purchases against a quantity purchase agreement and
				approved by the state board of accounts, the commission on public records, the
				commissioner of the department of administration and the attorney
				general.
(d) "General terms and
				conditions" means those contract terms and conditions approved by the attorney
				general for usage with all invitations to bid and contracts approved by rule
				adopted by the attorney general.
(e) "Special terms and conditions" means
				those contract terms and conditions approved by the attorney general for usage
				in particularized invitations to bid and with particular contract types
				approved by a rule adopted by the attorney general.
(f) "Single contract terms and conditions"
				means those contract terms and conditions approved by a deputy attorney general
				designated by the attorney general to review and approve contracts for usage in
				a specific and single invitation to bid or contract and may provide for
				modification, alteration, addition or deletion to general terms and conditions
				or special terms and conditions in that particular invitation to bid.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 2 - CONTRACT APPROVAL › Rule 2 - Form Approval › Section 2-1 - Purchase order form and QPA release form approval

Current through July 10, 2024
Authority: IC
				  4-13-2-14.3
Affected: IC 4-13-2; IC
				  4-13.6-1-13;
				  IC 5-22-7
Sec. 1.
(a) The
				department of administration, procurement division, may issue purchase orders
				or QPA releases on behalf of any state agency without submitting such purchase
				order forms or QPA releases individually to the office of attorney general for
				review and approval in the following circumstances:
(1) The purchase order or QPA release is
				issued pursuant to a contract or QPA that has been individually reviewed and
				approved by a deputy attorney general designated by the attorney general to
				review and approve contracts.
(2)
				The total amount of the purchase order is less than one hundred thousand
				dollars ($100,000), and it is issued, as a result of a bidding procedure
				conducted in accordance with IC 5-22-7, for the purchase of supplies that are
				tangible personal property and the invitation to bid utilizes only general
				terms and conditions, special terms and conditions or single contract terms and
				conditions.
(3) The purchase order
				is issued for the purchase of supplies or services where the contract is
				approved by a rule adopted by the attorney general.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 2 - CONTRACT APPROVAL › Rule 2 - Form Approval › Section 2-1.5 - Department of transportation purchase order form approval

Current through July 10, 2024
Authority: IC
				  4-13-2-14.3
Affected: IC
				  8-23-2-6
Sec. 1.5.
(a) The
				department of transportation may issue purchase orders on behalf of the agency
				without submitting such purchase order forms individually to the office of the
				attorney general for review and approval in the following circumstances:
(1) The purchase order is issued pursuant to
				a contract that has been individually reviewed and approved by a deputy
				attorney general designated by the attorney general to review and approve
				contracts.
(2) The total amount of
				the purchase order is less than one hundred thousand dollars ($100,000), and it
				is issued, as a result of a bidding procedure conducted in accordance with 105
				IAC 12, for the purchase of supplies that are tangible personal property and
				the invitation to bid utilizes only general terms and conditions, special terms
				and conditions, or single contract terms and conditions.
(3) The purchase order is issued for the
				purchase of supplies or services where the contract is approved by a rule
				adopted by the attorney general.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 2 - CONTRACT APPROVAL › Rule 2 - Form Approval › Section 2-2 - Contract terms and conditions requiring approval

Current through July 10, 2024
Authority: IC
				  4-13-2-14.3
Affected: IC 4-13-2
Sec. 2.
(a) General
				terms and conditions and special terms and conditions approved by the attorney
				general for usage in invitations to bid shall be filed with the department of
				administration and will be maintained and on file in the office of the attorney
				general, Room 219, State House, Indianapolis, Indiana.
(b) Single contract terms and conditions will
				be approved by a written instrument signed by a deputy attorney general
				designated by the attorney general to review and approve contracts. Single
				contract terms and conditions shall be included as part of the invitation to
				bid issued by the procurement division or the public works division, whichever
				issues the invitation to bid.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 2 - CONTRACT APPROVAL › Rule 3 - Contract Approval › Section 3-1 - Types of contracts requiring approval

Current through July 10, 2024
Authority: IC
				  4-13-2-14.3
Affected: IC
				  4-13-2-20
Sec. 1.
(a) The
				following particular types of contracts are not required to be individually
				submitted to the office of the attorney general for review and approval as to
				form and legality if the contract maximum is less than two thousand five
				hundred dollars ($2,500), and a separate record is maintained of all such
				contracts showing the agency involved, the vendor, the dollar amount of the
				contract, a brief description of the contract and, if applicable, the purchase
				order number:
(1) Advertising and legal notice
				publication contracts.
(2) Travel,
				hotel and motel arrangements, license examination space rental, conference room
				rental and any other workshop oriented contracts provided that these contracts
				do not exceed thirty (30) days per year for each contract.
(3) Contracts for services including, but not
				limited to, maintenance and service agreements for equipment or
				premises.
(4) Rental of goods or
				equipment for a single period less than ninety (90) days without renewal,
				provided, the value of the goods or equipment which might suffer loss is
				established in the contract to be less than ten thousand dollars
				($10,000).
(5) Subscription
				agreements for books, periodicals, publications and other printed
				materials.
(6) Purchase of supplies
				with full payment to be made following delivery and acceptance. No contracts
				for the purchase of supplies with periodic payments to be made are hereby
				approved; however, this shall not prohibit partial payments from being made for
				partial delivery.
(7) Contracts for
				the construction, repair, or improvement of public buildings, or the
				preparation of drawings, plans, and specifications therefor, or the routine
				operation or maintenance of public structures, buildings, or real
				property.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 3 - TORT CLAIMS › Rule 2 - Tort Claim Form › Section 2-1 - Tort claims against the state; form

Current through July 10, 2024
Authority: IC
				  34-13-3-6
Affected: IC
				  5-15-5.1-5;
				  IC
				  8-15-2-4; IC
				  8-15-3-7; IC
				  8-15.7-2-14;
				  IC
				  9-13-2-73;
				  IC 11-10-8; IC 11-12; IC 12-23; IC
				  13-11-2-19.3;
				  IC
				  14-8-2-185;
				  IC
				  20-20-40-14;
				  IC
				  20-33-8-12;
				  IC
				  34-6-2-38;
				  IC
				  34-13-3-3;
				  IC
				  34-13-3-7;
				  IC 35-33-8; IC
				  35-46-1-15.1;
				  IC
				  35-46-1-15.3;
				  IC 36-9-28.7
Sec. 1.
(a) A claim
				for personal injury or property damage against the state of Indiana must be:
(1) filed on the form prescribed in
				subsection (b); or
(2) in writing
				as prescribed under IC 34-13-3 and this rule.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 4 - ATHLETE AGENTS › Rule 1 - Authority and Applicability › Section 1-1 - Authority

Current through July 10, 2024
Authority: IC 4-6-2-1.3
Affected: IC 25-5.2
Sec. 1.
This article is adopted under the authority granted to the
				  attorney general by the uniform athlete agent act (IC
				  25-5.2).
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 4 - ATHLETE AGENTS › Rule 1 - Authority and Applicability › Section 1-2 - Applicability

Current through July 10, 2024
Authority: IC 4-6-2-1.3
Affected: IC 25-5.2
Sec. 2.
The definitions in the uniform athlete agent act and in this
				  rule apply throughout this article.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 4 - ATHLETE AGENTS › Rule 2 - Definitions › Section 2-1 - "Administrative law judge" defined

Current through July 10, 2024
Authority: IC 4-6-2-1.3
Affected: IC 4-21.5-1-2; IC 4-21.5-3-35; IC 25-5.2
Sec. 1.
"Administrative law judge" shall have the meaning set forth
				  in IC 4-21.5-1-2.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 4 - ATHLETE AGENTS › Rule 2 - Definitions › Section 2-2 - "Division" defined

Current through July 10, 2024
Authority: IC 4-6-2-1.3
Affected: IC 4-6-9; IC 25-5.2
Sec. 2.
"Division" means the consumer protection division of the
				  office of attorney general for the state.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 4 - ATHLETE AGENTS › Rule 3 - Fees › Section 3-1 - Fee for registration as an athlete agent

Current through July 10, 2024
Authority: IC 4-6-2-1.3
Affected: IC
				  25-1-8-2;
				  IC
				  25-5.2-2-7
Sec. 1.
The fee for a two (2) year application for registration or
				  renewal of registration is seven hundred dollars ($700).
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 4 - ATHLETE AGENTS › Rule 4 - Enforcement › Section 4-1 - Powers of regulation by the division

Current through July 10, 2024
Authority: IC 4-6-2-1.3
Affected: IC 4-21.5-3-35; IC 25-5.2
Sec. 1.
The division shall have the responsibility for the
				  regulation of athlete agents, including the:
(1) granting;
(2) denial;
(3) renewal;
(4) refusal to renew;
(5) suspension;
(6) revocation; and
(7) restriction; of certificates of
				registration of athlete agents.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 4 - ATHLETE AGENTS › Rule 4 - Enforcement › Section 4-2 - Powers of investigation by the division

Current through July 10, 2024
Authority: IC 4-6-2-1.3
Affected: IC 25-5.2
Sec. 2.
The division may investigate any athlete agent matter for
				  which investigative authority is granted to the attorney general by IC
				  25-5.2.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 4 - ATHLETE AGENTS › Rule 5 - Administrative Proceedings › Section 5-1 - Administrative proceedings

Current through July 10, 2024
Authority: IC 4-6-2-1.3
Affected: IC 4-21.5-3-35; IC 25-5.2
Sec. 1.
Any agency action by the division shall be governed by the
				  rules under the administrative orders and procedures act (IC 4-21.5 et
				  seq.).
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 4 - ATHLETE AGENTS › Rule 5 - Administrative Proceedings › Section 5-2 - Administrative hearings

Current through July 10, 2024
Authority: IC 4-6-2-1.3
Affected: IC 4-21.5-3-35; IC 25-5.2
Sec. 2.
The attorney general shall set an administrative hearing
				  date within twenty-one (21) days following receipt of the petition for
				  review.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 4 - ATHLETE AGENTS › Rule 5 - Administrative Proceedings › Section 5-3 - Administrative law judge to be chosen from outside the division

Current through July 10, 2024
Authority: IC 4-6-2-1.3
Affected: IC 4-21.5-3-35; IC 25-5.2
Sec. 3.
For the administrative hearing described in 10 IAC
				  4-4-4
[sic.]
, the attorney general or his designee shall act as
				  administrative law judge. Should the attorney general choose to designate an
				  administrative law judge, the administrative law judge for this hearing shall
				  be selected from outside the division.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 4 - ATHLETE AGENTS › Rule 6 - Agency Contract Notice Provision › Section 6-1 - Format for notice on agency contract

Current through July 10, 2024
Authority: IC 4-6-2-1.3
Affected: IC 4-21.5-3-35; IC
				  25-5.2-2-8
Sec. 1.
For the purposes of IC
				  25-5.2-2-8, the
				  notice required in IC
				  25-5.2-2-8(c)
				   shall be considered adequate if the notice
				  is in 14-point boldface type in capital letters within two (2) inches of the
				  signature of the student athlete on the same page as the signature of the
				  student athlete.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 5 - RELEASE OF SOCIAL SECURITY NUMBERS BY STATE AGENCIES › Rule 1 - Authority and Applicability › Section 1-1 - Authority

Current through July 10, 2024
Authority: IC
				  4-1-10-13
Affected: IC 4-1-10
Sec. 1.
This article is adopted under the authority granted to the
				  attorney general by the release of Social Security number act (IC
				  4-1-10-13
				  ).
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 5 - RELEASE OF SOCIAL SECURITY NUMBERS BY STATE AGENCIES › Rule 1 - Authority and Applicability › Section 1-2 - Applicability

Current through July 10, 2024
Authority: IC 4-1-10-13
Affected: IC 4-1-10
Sec. 2.
The definitions in IC 4-1-10 and 10 IAC 5-2 apply throughout
				  this article.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 5 - RELEASE OF SOCIAL SECURITY NUMBERS BY STATE AGENCIES › Rule 1 - Authority and Applicability › Section 1-3 - Effective date

Current through July 10, 2024
Authority: IC
				  4-1-10-13
Affected: IC
				  4-1-10-1
Sec. 3.
The effective date of this article is July 1, 2006.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 5 - RELEASE OF SOCIAL SECURITY NUMBERS BY STATE AGENCIES › Rule 2 - Definitions › Section 2-1 - "Express consent" defined

Current through July 10, 2024
Authority: IC
				  4-1-10-13
Affected: IC
				  4-1-10-5
Sec. 1.
"Express consent" means a specific grant of authority made by
				  an individual allowing a state agency to disclose that individual's Social
				  Security number. The grant of authority shall:
(1) not be given:
(A) pursuant to or as a condition of a state
				agency's services that would otherwise be available to the individual;
				or
(B) by any person other than the
				individual to whom the Social Security number has been assigned by the Social
				Security Administration; and
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 5 - RELEASE OF SOCIAL SECURITY NUMBERS BY STATE AGENCIES › Rule 2 - Definitions › Section 2-2 - "State law enforcement agency" defined

Current through July 10, 2024
Authority: IC
				  4-1-10-13
Affected: IC
				  4-1-10-4
Sec. 2.
"State law enforcement agency" includes the following
				  entities or persons:
(1) The state
				police department.
(2) The office
				of attorney general for the state.
(3) The office of the inspector
				general.
(4) Prosecutors and their
				deputies.
(5) Other state agencies
				or entities that conduct investigations relating to the enforcement of state
				law.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 5 - RELEASE OF SOCIAL SECURITY NUMBERS BY STATE AGENCIES › Rule 3 - Attorney General's Discretion › Section 3-1 - Mitigating factors

Current through July 10, 2024
Authority: IC
				  4-1-10-13
Affected: IC 4-1-10; IC 4-1-11
Sec. 1.
The attorney general may, in his or her discretion, determine
				  that the release of Social Security numbers was a negligent act and not a
				  knowing, intentional, or reckless act if a state agency or employee establishes
				  that the following provisions, singly or in combination, have been met:
(1) The release of the Social Security
				numbers is immediately stopped.
(2)
				Any individuals whose Social Security numbers are disclosed are immediately
				notified in a timely manner.
(3)
				The release of the Social Security numbers was as follows:
(A) Unintended.
(B) De minimis and nonsystematic.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 5 - RELEASE OF SOCIAL SECURITY NUMBERS BY STATE AGENCIES › Rule 4 - Notice Requirements › Section 4-1 - Notification to the attorney general

Current through July 10, 2024
Authority: IC
				  4-1-10-13
Affected: IC 4-1-10
Sec. 1.
When a state agency becomes aware of a release of Social
				  Security numbers or other personal identifying information, the state agency or
				  employee shall, within two (2) business days of the disclosure, notify the
				  office of attorney general for the state in writing of the following:
(1) The nature of any release of Social
				Security numbers or other personal identifying information.
(2) The steps taken by the agency or employee
				to do the following:
(A) Stop the current
				release.
(B) Notify the individuals
				affected.
(C) Prevent future
				releases.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 6 - TOBACCO ENFORCEMENT › Rule 1 - Purpose › Section 1-1 - Purpose of this article

Current through July 10, 2024
Authority: IC
				  24-3-5.4-20
Affected: IC
				  24-3-3; IC
				  24-3-5.4
Sec. 1.
This article applies to tobacco enforcement by the attorney
				  general under IC
				  24-3-5.4 and IC
				  24-3-3 addressing the brand family
				  directory and installment payments of escrow deposits by nonparticipating
				  manufacturers.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 6 - TOBACCO ENFORCEMENT › Rule 2 - Definitions › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC
				  24-3-5.4-20
Affected: IC
				  24-3-3; IC
				  24-3-5.4
Sec. 1.
The definitions in IC
				  24-3-3, IC
				  24-3-5.4, and this rule apply
				  throughout this article.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 6 - TOBACCO ENFORCEMENT › Rule 2 - Definitions › Section 2-2 - "Calendar quarter" defined

Current through July 10, 2024
Authority: IC
				  24-3-5.4-20
Affected: IC
				  24-3-3; IC
				  24-3-5.4
Sec. 2.
"Calendar quarter" shall be three (3) month periods of a
				  calendar year, specifically the following:
(1) January 1 through March 31.
(2) April 1 through June 30.
(3) July 1 through September 30.
(4) October 1 through December 31.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 6 - TOBACCO ENFORCEMENT › Rule 3 - Brand Family Directory › Section 3-1 - Purpose

Current through July 10, 2024
Authority: IC
				  24-3-5.4-20
Affected: IC
				  24-3-3; IC
				  24-3-5.4-14
Sec. 1.
This rule establishes requirements concerning the brand
				  family directory, which the attorney general shall develop, maintain, and
				  publish under IC
				  24-3-5.4-14.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 6 - TOBACCO ENFORCEMENT › Rule 3 - Brand Family Directory › Section 3-2 - Persons who tender certification

Current through July 10, 2024
Authority: IC
				  24-3-5.4-20
Affected: IC
				  24-3-3; IC
				  24-3-5.4-13
Sec. 2.
(a) The
				certification under IC
				24-3-5.4-13(a) 
				must be tendered by the tobacco product manufacturer either directly or through
				a distributor, retailer, or similar intermediary.
(b) If the certification is tendered through
				a distributor, retailer, or similar intermediary, there must be a legitimate
				contractual arrangement between the tobacco product manufacturer and the
				intermediary.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 6 - TOBACCO ENFORCEMENT › Rule 3 - Brand Family Directory › Section 3-3 - Requirements to be listed

Current through July 10, 2024
Authority: IC
				  24-3-5.4-20
Affected: IC
				  24-3-3; IC
				  24-3-5.4-13; IC
				  24-3-5.4-14
Sec. 3.
In order for a brand family to be listed in the directory,
				  the tobacco product manufacturer must comply with IC
				  24-3-5.4-13 and IC
				  24-3-5.4-14. In evaluating whether
				  to list a brand family, the attorney general shall consider the
				  following:
(1) Whether the
				certification information is complete under IC
				24-3-5.4-13.
(2) Whether the tobacco product manufacturer
				has provided all requested documents supporting its certification under IC
				24-3-5.4-13.
(3) Whether the certification is based on
				misrepresentation, false information, nondisclosure, or concealment of
				facts.
(4) Whether the tobacco
				product manufacturer is prohibited from selling a brand family in Indiana by
				any applicable federal or state law.
(5) Whether the:
(A) tobacco product manufacturer;
(B) predecessor of the tobacco product
				manufacturer; or
(C) previous
				manufacturer of the brand; is the subject of an injunction obtained by the
				state of Indiana for failure to comply with IC
				24-3-3.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 6 - TOBACCO ENFORCEMENT › Rule 3 - Brand Family Directory › Section 3-4 - Process for listing and delisting

Current through July 10, 2024
Authority: IC
				  24-3-5.4-20
Affected: IC
				  24-3-3; IC
				  24-3-5.4
Sec. 4.
(a) This
				section addresses the process for listing and delisting a tobacco product
				manufacturer's brand families.
(b)
				If the attorney general intends to remove from, or not list, a brand family
				directory of a tobacco product manufacturer, the attorney general shall send a
				notice of intent to the tobacco product manufacturer or its agent for service
				of process. The notice of intent shall include the following:
(1) The factual and legal deficiencies upon
				which the attorney general's intended action rest.
(2) The action that the tobacco product
				manufacturer must undertake to cure those deficiencies.
(3) A notification that the tobacco product
				manufacturer shall have fifteen (15) calendar days to cure those deficiencies
				and submit documentation of its attempt to cure.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 6 - TOBACCO ENFORCEMENT › Rule 4 - Quarterly Payments and Certifications › Section 4-1 - Purpose

Current through July 10, 2024
Authority: IC
				  24-3-5.4-20
Affected: IC
				  24-3-3; IC
				  24-3-5.4
Sec. 1.
As provided for in IC
				  24-3-5.4-20, this rule establishes
				  requirements for the attorney general to require a nonparticipating
				  manufacturer to:
(1) make required
				escrow deposits in installments during the calendar year in which the sales
				covered by the deposits are made; and
(2) produce information sufficient to enable
				the attorney general to determine the adequacy of the amount of an installment
				deposit.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 6 - TOBACCO ENFORCEMENT › Rule 4 - Quarterly Payments and Certifications › Section 4-2 - Requirements for calendar quarter escrow deposits and certifications

Current through July 10, 2024
Authority: IC
				  24-3-5.4-20
Affected: IC
				  24-3-3-12; IC
				  24-3-3-14; IC
				  24-3-5.4
Sec. 2.
(a) The
				attorney general may require nonparticipating manufacturers to:
(1) make escrow deposits by calendar quarter
				for sales in that calendar quarter rather than annually by April 15 as
				otherwise provided for by IC
				24-3-3-12; and
(2) certify compliance with the calendar
				quarter deposits with the same certification as required for annual escrow
				deposits under IC
				24-3-3-14.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 6 - TOBACCO ENFORCEMENT › Rule 4 - Quarterly Payments and Certifications › Section 4-3 - Due date for calendar quarter escrow deposits and certifications

Current through July 10, 2024
Authority: IC
				  24-3-5.4-20
Affected: IC
				  24-3-3; IC
				  24-3-5.4
Sec. 3.
If a nonparticipating manufacturer is required under this
				  rule to make escrow deposits and certifications by calendar quarter, both shall
				  be due no later than thirty (30) days after the end of the calendar
				  quarter.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 6 - TOBACCO ENFORCEMENT › Rule 4 - Quarterly Payments and Certifications › Section 4-4 - Criteria for attorney general requiring calendar quarter deposits and certifications

Current through July 10, 2024
Authority: IC
				  24-3-5.4-20
Affected: IC
				  24-3-3; IC
				  24-3-5.4
Sec. 4.
The attorney general may require a nonparticipating
				  manufacturer to make calendar quarter escrow deposits and certifications under
				  this rule if the nonparticipating manufacturer meets any of the following
				  criteria:
(1) Has not previously
				established and funded a qualified escrow fund in Indiana.
(2) Has not made any escrow deposits for more
				than one (1) year.
(3) Has failed
				to make a timely or complete, or both, escrow deposit for any prior calendar
				year.
(4) Has failed to pay any
				judgment obtained in any jurisdiction, including for a civil penalty, under a
				comparable escrow statute.
(5) Has
				sold more than two million (2,000,000) cigarettes in Indiana in a calendar
				quarter.
(6) The attorney general
				has reasonable cause to believe will not make its full escrow deposit by April
				15 of the year following the sales year.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 7 - TAX SALE BLIGHT REGISTRY (REPEALED) › Rule 1 - Purpose › Section 1-1 - Purpose of this article

Current through July 10, 2024
Authority: IC
				  4-6-12-3
Affected: IC
				  4-6-12-2
Sec. 1.
This article applies to the operation and maintenance of the
				  tax sale blight registry by the homeowner protection unit of the attorney
				  general's office under IC
				  4-6-12-2 and IC
				  4-6-12-3.6
[IC
				  4-6-12-3.6 was
				  repealed by
				  P.L.
				  52-2017,
				  SECTION
				  3, effective July 1, 2017.]
addressing all persons ineligible to participate in a tax or abandoned home
				  sale.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 7 - TAX SALE BLIGHT REGISTRY (REPEALED) › Rule 2 - Definitions › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC
				  4-6-12-3
Affected: IC 4-6-12; IC 6-1.1-1
Sec. 1.
The definitions in IC 6-1.1-1 and this rule apply throughout
				  this article.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 7 - TAX SALE BLIGHT REGISTRY (REPEALED) › Rule 2 - Definitions › Section 2-2 - "Person" defined

Current through July 10, 2024
Authority: IC
				  4-6-12-3
Affected: IC 4-6-12; IC 6-1.1-1
Sec. 2.
"Person" includes the following:
(1) An individual.
(2) An incorporated or unincorporated
				organization.
(3) An
				association.
(4) Any other legal
				entity.
(5) An agent of any of the
				above.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 7 - TAX SALE BLIGHT REGISTRY (REPEALED) › Rule 2 - Definitions › Section 2-3 - "Registry" defined

Current through July 10, 2024
Authority: IC
				  4-6-12-3
Affected: IC 4-6-12; IC 6-1.1-1
Sec. 3.
"Registry" means the tax sale blight registry as operated
				  and maintained by the unit.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 7 - TAX SALE BLIGHT REGISTRY (REPEALED) › Rule 2 - Definitions › Section 2-4 - "Unit" defined

Current through July 10, 2024
Authority: IC
				  4-6-12-3
Affected: IC
				  4-6-12-2; IC
				  6-1.1-1
Sec. 4.
"Unit" means the homeowner protection unit of the attorney
				  general's office established under IC
				  4-6-12-2.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 7 - TAX SALE BLIGHT REGISTRY (REPEALED) › Rule 2 - Definitions › Section 2-5 - "Website" defined

Current through July 10, 2024
Authority: IC
				  4-6-12-3
Affected: IC 4-6-12; IC 6-1.1-1; IC 32-30-10.6
Sec. 5.
"Website" means the public web portal where county officials
				  and interested persons may check the eligibility of a person to participate in
				  a tax sale or the sale of real property deemed vacant or abandoned under IC
				  32-30-10.6.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 7 - TAX SALE BLIGHT REGISTRY (REPEALED) › Rule 3 - Operation of Registry › Section 3-1 - Purpose

Current through July 10, 2024
Authority: IC
				  4-6-12-3
Affected: IC
				  4-6-12-3
Sec. 1.
This rule establishes requirements concerning the registry,
				  which the unit shall develop, operate, and maintain under IC
				  4-6-12-3 and IC
				  4-6-12-3.6
[IC
				  4-6-12-3.6 was
				  repealed by
				  P.L.
				  52-2017,
				  SECTION
				  3, effective July 1,
				  2017.]
.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 7 - TAX SALE BLIGHT REGISTRY (REPEALED) › Rule 3 - Operation of Registry › Section 3-2 - Management of registry

Current through July 10, 2024
Authority: IC
				  4-6-12-3
Affected: IC 4-6-12
Sec. 2.
(a) The unit
				may contract with individuals or organizations with specific expertise to
				develop software engineering services for the registry database, including the
				following:
(1) Identification of current,
				disparate sources of information.
(2) Creation of software to aggregate and
				update information.
(3) Support
				services.
(4) Creation of a webpage
				interface.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 7 - TAX SALE BLIGHT REGISTRY (REPEALED) › Rule 3 - Operation of Registry › Section 3-3 - Information maintained in registry

Current through July 10, 2024
Authority: IC
				  4-6-12-3
Affected: IC 4-6-12; IC
				  6-1.1-24-5.3;
				  IC 32-30; IC 36-7-9
Sec. 3.
The registry shall include information regarding persons who
				  are prohibited from purchasing certain properties at tax or abandoned home
				  sales as described in IC
				  6-1.1-24-5.3.
				  This may include the following:
(1)
				Name of person ineligible to participate.
(2) Address of property or properties to
				which the ineligibility under IC
				6-1.1-24-5.3
				relates.
(3) Last known address of
				the ineligible person.
(4) County
				of the property to which the ineligibility under IC
				6-1.1-24-5.3.
(5) Any additional information deemed
				relevant to the attorney general for the operation and maintenance of the
				registry.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 7 - TAX SALE BLIGHT REGISTRY (REPEALED) › Rule 3 - Operation of Registry › Section 3-4 - Process for adding or removing persons

Current through July 10, 2024
Authority: IC
				  4-6-12-3
Affected: IC 4-6-12
Sec. 4.
(a) This
				section addresses the process for adding persons to or removing persons from
				the registry.
(b) The unit shall
				promptly add persons ineligible to participate in a tax or abandoned home sale
				to the registry upon receipt of information from the county.
(c) The unit shall promptly remove persons
				from the registry upon certification from the county that they are no longer
				barred from participating in a tax or abandoned home sale.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 7 - TAX SALE BLIGHT REGISTRY (REPEALED) › Rule 3 - Operation of Registry › Section 3-5 - Access to registry

Current through July 10, 2024
Authority: IC
				  4-6-12-3
Affected: IC 4-6-12
Sec. 5.
(a) The
				information in the registry shall be made available to county officials
				responsible for conducting tax or abandoned home sales through the
				website.
(b) All persons may
				verify, via the website, whether a person is listed on the registry.
(c) County officials may include a link to
				the website as part of the tax or abandoned home sale registration
				process.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 7 - TAX SALE BLIGHT REGISTRY (REPEALED) › Rule 3 - Operation of Registry › Section 3-6 - Participation requirements

Current through July 10, 2024
Authority: IC
				  4-6-12-3
Affected: IC 4-6-12; IC
				  6-1.1-24-5.3
Sec. 6.
(a) All
				counties that participate in the registry shall promptly submit or authorize
				and direct their agents to promptly submit all relevant information, as listed
				under section 3 of this rule, to the unit.
(b) To ensure compliance with this rule, all
				information shall be submitted in a format prescribed by the unit.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 7 - TAX SALE BLIGHT REGISTRY (REPEALED) › Rule 3 - Operation of Registry › Section 3-7 - Accuracy of information

Current through July 10, 2024
Authority: IC
				  4-6-12-3
Affected: IC 4-6-12
Sec. 7.
All information contained in the registry will be identified
				  by the county providing the information, and that county is responsible for the
				  accuracy, completeness, and correct status of the information at all times. The
				  unit cannot assume responsibility for the accuracy of the information provided
				  by any county.
Indiana Administrative Code › Title 11 - CONSUMER PROTECTION DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL › Article 1 - TELEPHONE SOLICITATIONS › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 4-6-9-8; IC
				  24-4.7-3-7
Affected: IC 24-4.7-2
Sec. 1.
The definitions set forth at IC 24-4.7-2, as supplemented in
				  this rule, apply throughout this article and 11 IAC 2.
Indiana Administrative Code › Title 11 - CONSUMER PROTECTION DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL › Article 1 - TELEPHONE SOLICITATIONS › Rule 1 - Definitions › Section 1-2 - "Contract made under a telephone sales call" defined

Current through July 10, 2024
Authority: IC 4-6-9-8; IC
				  24-4.7-3-7
Affected: IC
				  24-4.7-4-4;
				  IC
				  24-4.7-4-5
Sec. 2.
For the purposes of IC
				  24-4.7-4-4
				  and IC
				  24-4.7-4-5, a
				  "contract made under a telephone sales call" does not include a contract for
				  the sale, purchase, or mortgage of real estate if:
(1) the sale, purchase, or mortgage of real
				estate is not completed; and
(2)
				the payment or authorization of payment is not required; solely as a result of
				the telephone sales call.
Indiana Administrative Code › Title 11 - CONSUMER PROTECTION DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL › Article 1 - TELEPHONE SOLICITATIONS › Rule 1 - Definitions › Section 1-3 - "Division" defined

Current through July 10, 2024
Authority: IC 4-6-9-8; IC
				  24-4.7-3-7
Affected: IC
				  24-4.7-2-4
Sec. 3.
As used in this article and 11 IAC 2, "division" refers to
				  the consumer protection division of the office of the attorney
				  general.
Indiana Administrative Code › Title 11 - CONSUMER PROTECTION DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL › Article 1 - TELEPHONE SOLICITATIONS › Rule 1 - Definitions › Section 1-3.5 - "Existing debt or contract" defined

Current through July 10, 2024
Authority: IC 4-6-9-8; IC
				  24-4.7-3-7
Affected: IC
				  24-4.7-1-1
Sec. 3.5.
(a) For
				the purposes of IC
				24-4.7-1-1, "existing
				debt or contract" means:
(1) a sum of money
				currently owed by the consumer who receives the telephone call to the telephone
				solicitor making the call or to the person who contracted, hired, or authorized
				the telephone solicitor making the call; or
(2) a legally binding agreement currently in
				effect between the consumer who receives the call and the telephone solicitor
				making the call or the person who contracted, hired, or authorized the
				telephone solicitor making the call.
Indiana Administrative Code › Title 11 - CONSUMER PROTECTION DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL › Article 1 - TELEPHONE SOLICITATIONS › Rule 1 - Definitions › Section 1-4 - "Express request" defined

Current through July 10, 2024
Authority: IC 4-6-9-8; IC
				  24-4.7-3-7
Affected: IC
				  24-4.7-1-1
Sec. 4.
For the purposes of IC
				  24-4.7-1-1, "express
				  request" means a specific grant of authority made by a residential telephone
				  subscriber at a verifiable date and time authorizing a telephone solicitor to
				  make a telephone sales call to the residential telephone subscriber's
				  residential telephone number. The grant of authority:
(1) shall not be included as a condition of a
				contract for the sale of consumer goods or services;
(2) shall not be given by a person other than
				the residential telephone subscriber to whom the call will be made;
				and
(3) if in writing, must be set
				forth in a document that:
(A) is separate
				from any written contract between the residential telephone subscriber and the
				telephone solicitor authorized to make the telephone sales call;
(B) is printed in 12-point boldface type or
				larger; and
(C) contains only the
				grant of authority.
Indiana Administrative Code › Title 11 - CONSUMER PROTECTION DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL › Article 1 - TELEPHONE SOLICITATIONS › Rule 1 - Definitions › Section 1-4.5 - "Indiana identification number" defined

Current through July 10, 2024
Authority: IC 4-6-9-8; IC
				  24-4.7-3-7
Affected: IC 24-4.7
Sec. 4.5.
As used in this article, 11 IAC 2, and IC 24-4.7, "Indiana
				  identification number" means a number that is:
(1) assigned to, or issued or used in
				connection with, telecommunications service provided to a consumer;
				and
(2) associated with an Indiana
				account by the provider of the telecommunications service.