reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart K - NONJUDICIAL PUNISHMENT › Section 400.1210 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) Who May Impose
				Nonjudicial Punishment
1) Unless otherwise
				specified in this Subpart, or if authority to impose NJP has been limited or
				withheld by a superior commander (see subsection (a)(2)), any commander may
				impose NJP on members of his or her command for minor offenses.
2) A commander at any level may withhold from
				any subordinate commander all or part of the NJP authority that he or she would
				otherwise have had under this Subpart, such as over certain categories of
				military personnel, offenses or individual cases. The withholding action may be
				oral, in writing, or incorporated in a permanent directive, but it must clearly
				set out the specific authority withheld.
3) To impose NJP on officers, warrant
				officers, or enlisted personnel in grades E-8 or E-9, the commander must be in
				the rank of colonel or above and be assigned to at least a brigade/group/wing
				command position.
4) If a commander
				is the victim of a crime in his or her personal capacity (e.g., victim of an
				assault or larceny), as opposed to his or her official capacity (e.g.,
				violation of commander's order), that commander shall forward a report of the
				incident to the next superior commander for review and appropriate
				action.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart K - NONJUDICIAL PUNISHMENT › Section 400.1215 - Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) General. The
				authority to impose NJP charges a commander with the responsibility of
				exercising his or her authority in an absolutely fair and judicious manner. The
				commander's action must be temperate, just and conducive to good order and
				discipline.
b) Preliminary Inquiry.
				The commander of the alleged offender must ensure that the matter is promptly
				and adequately investigated. The preliminary investigation is usually informal
				and consists of interviews with witnesses and/or review of police/investigative
				reports, if available. The investigation should cover:
1) Whether an offense was
				committed;
2) The nature and
				circumstances of the offense; and
3) The age, maturity, experience and military
				record of the offender.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart K - NONJUDICIAL PUNISHMENT › Section 400.1220 - Punishment

Current through Register Vol. 48, No. 28, July 12, 2024
a) General. Whether
				to impose punishment, and the amount and nature of the punishment, are the sole
				decisions of the imposing commander. However, the commander is encouraged to
				discuss appropriate punishments with his or her Staff Judge Advocate after the
				SMF member has had an opportunity to present matters in defense, mitigation or
				extenuation. Commanders are also encouraged to consult with their NCOs and
				other subordinates on the appropriate type, duration and limits of punishment
				to be imposed. Additionally, as NCOs are often in the best position to observe
				a member undergoing punishment, and to evaluate performance and attitude, their
				views on clemency should be given careful consideration.
1) When forfeiture of pay will be imposed,
				the commander should consider imposing a forfeiture below the maximum
				authorized. Maximum forfeitures should be reserved for serious cases or repeat
				offenders.
2) Unsuspended reduction
				in grade should only be imposed in the same punishment with forfeiture of pay
				when the maximum exercise of nonjudicial punishment authority is
				warranted.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart K - NONJUDICIAL PUNISHMENT › Section 400.1225 - Suspension, Vacation, Mitigation, Remission and Set Aside of Punishment

Current through Register Vol. 48, No. 28, July 12, 2024
a) General. The
				imposing commander, his or her successor in command, or any superior commander
				may suspend, mitigate or remit punishment as a means of correcting behavior and
				rehabilitating the offender. If used correctly, these can be valuable tools in
				maintaining morale and discipline. This action can be taken on the commander's
				own initiative, or the SMF member can request the action. These commanders also
				have the authority to vacate suspended punishments or set aside punishments
				when appropriate.
1) Successor in Command.
				For these purposes, the successor in command may be either:
A) The officer who has succeeded to the
				command or position occupied by the imposing commander, if that officer has
				authority to impose the punishment involved on the member, and providing the
				member is still assigned to that command; or
B) The officer authorized to impose the
				punishment on the member, if the member has been reassigned.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart K - NONJUDICIAL PUNISHMENT › Section 400.1230 - Records of Punishment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				NGIL Form 60-R: Record of Nonjudicial Punishment Proceedings. All NJP actions,
				including notification, election of rights, imposition of punishment, appeal,
				Staff Judge Advocate review, and action on appeal, shall be recorded on NGIL
				Form 60-R. After the SMF member indicates in item 5 that he or she does not
				appeal, or after completion of item 9 if the member appeals, a copy of the
				completed NGIL Form 60-R shall be given to the member. The original of the NGIL
				Form 60-R, with all attachments and supporting documents (see subsection (f)),
				shall then be mailed to the Office of the Adjutant General, ATTN: NGIL-JA, at
				the address specified in Section 400.1205(b)(4). The Office shall review the
				form for legal sufficiency, then shall distribute the form as indicated in
				subsections (a)(1) through (5).
1) For Army
				National Guard (ARNG) members, the original of the NGIL Form 60-R shall be
				filed in the member's Military Personnel Records Jacket (MPRJ). For Air
				National Guard (ANG) members, the original of NGIL Form 60-R shall be filed in
				the commander's Personnel Information File (PIF). These originals shall
				normally be destroyed by the custodian of the file at the end of 2 years from
				the date of imposition of punishment, unless:
A) the filing authority directs filing for
				either a shorter or longer period of time in accordance with applicable service
				regulations; or
B) the member has
				received an additional NJP in the interim. In the latter case, both NJP records
				shall be retained in the MPRJ or PIF and shall be destroyed at the end of 2
				years from the latest date of imposition of punishment, or at the end of the
				time period determined by the commander in accordance with applicable service
				regulations.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart L - MISCELLANEOUS PROVISIONS › Section 400.1300 - Courts of Inquiry

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Courts of inquiry to investigate any matter of concern to the SMF may
				be convened by any person authorized to convene a general court-martial,
				whether or not the persons involved have requested such an
				inquiry
.
b)
A
				court of inquiry consists of 3 or more commissioned officers. For each court of
				inquiry, the convening authority shall also appoint counsel for the
				court
.
c)
Any
				person subject to
the
Code whose conduct is
				subject to inquiry shall be designated as a party. Any person subject
				to
the
Code who has a direct interest in the
				subject of inquiry has the right to be designated as a party upon request to
				the court. Any person designated as a party shall be given due notice and has
				the right to be present, to be represented by counsel, to cross-examine
				witnesses, and to introduce evidence
.
d)
Members of a court of inquiry may
				be challenged by a party, but only for cause stated to the
				court
.
e)
The
				members, counsel, the reporter and interpreters of courts of inquiry shall take
				an oath to faithfully perform their duties
(see Section 400.825
				)
.
f)
Witnesses may be summoned to appear and testify and be examined before
				courts of inquiry, as provided for courts-martial.
g)
Courts of inquiry shall make
				findings of fact but may not express opinions or make recommendations unless
				required to do so by the convening authority.
h)
Each court of inquiry shall keep a
				record of its proceedings, which shall be authenticated by the signatures of
				the president and counsel for the court and forwarded to the convening
				authority. If the record cannot be authenticated by the president, it shall be
				signed by a member in lieu of the president. If the record cannot be
				authenticated by the counsel for the court, it shall be signed by a member in
				lieu of the counsel
. (Code Section 135)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart L - MISCELLANEOUS PROVISIONS › Section 400.1305 - Authority to Act as Notary

Current through Register Vol. 48, No. 28, July 12, 2024
The signature without seal of any
commissioned
notary, together with the title of his or her office, is
				  prima facie evidence of the person's authority
. (Code Section
				  136)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart L - MISCELLANEOUS PROVISIONS › Section 400.1310 - Sections of the Code to be Explained

Current through Register Vol. 48, No. 28, July 12, 2024
a) When Sections of the Code will be
				explained;
1)
The Sections
				of
the
Code specified in
subsection
				(a)(3)
shall be carefully explained to each enlisted member at the time
				of, or within 30 days after, the member's initial entrance into a duty status
				with the SMF.
2)
The Sections shall be explained again:
A)
after the member has completed
				basic or recruit training; and
B) at the time when the member
				re-enlists.
3)
This subsection (a) applies with respect to Code Sections 2
(persons subject to the Code),
3
(jurisdiction to try certain
				personnel),
7 through 15
(apprehension, restraint, pretrial
				punishment, delivery of offenders to civil authorities, and NJP),
25
(composition of courts-martial),
27
(trial
				and defense counsel),
31
(self-incrimination prohibited),
37
(unlawfully influencing the court),
38
(duties of trial and defense counsel),
55
(cruel and unusual
				punishment),
77 through 134
(punitive Sections),
and
				137 through 139
(miscellaneous).
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart L - MISCELLANEOUS PROVISIONS › Section 400.1315 - Complaints of Wrongs

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Any member of the SMF who believes himself or herself wronged by a
				commanding officer, and who, upon due application to that commanding officer,
				is refused redress, may complain to any superior commissioned officer, who
				shall forward the complaint to the officer exercising general court-martial
				jurisdiction over the officer against whom it is made
.
b)
The officer exercising general
				court-martial jurisdiction shall examine the complaint and take proper measures
				for redressing the alleged wrong. As soon as possible, that officer shall send
				to the Adjutant General a true statement of the complaint, along with a
				description of any proceedings that have occurred
. (Code Section
				138)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart L - MISCELLANEOUS PROVISIONS › Section 400.1320 - Redress of Injuries to Property

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Whenever complaint is made to any
				commanding officer that willful damage has been done to the property of any
				person or that the person's property has been wrongfully taken by members of
				the SMF, that person may convene a board to investigate the complaint. The
				board shall consist of from one to 3 commissioned officers. For the purpose of
				this investigation, the board has power to summon witnesses and examine them
				upon oath, to receive depositions or other documentary evidence, and to assess
				the damages sustained against the responsible parties. The assessment of
				damages made by the board is subject to the approval of the commanding officer,
				who shall also approve the amount of the assessment. The assessment shall be
				charged against the pay of the offenders. The order of the commanding officer
				authorizing the assessment amount is conclusive
instruction
for any disbursing officer
to make
payment to the
				injured parties of the damages assessed and approved
.
b)
If the offenders cannot be
				ascertained, but the organization or detachment to which they belong is known,
				charges totaling the amount of damages assessed and approved may be made in
				such proportion as may be considered just upon the individual members who are
				shown to have been present at the scene at the time the damages complained of
				were inflicted, as determined by the approved findings of the board
.
				(Code Section 139)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart L - MISCELLANEOUS PROVISIONS › Section 400.1325 - Delegation by the Governor

Current through Register Vol. 48, No. 28, July 12, 2024
The Governor may delegate any authority vested in the
				  Governor under the
Code and provide for the subdelegation of
				  any such authority, except for the power given the Governor by Code
Section 22 (convening of a court-martial). (Code Section 140)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart L - MISCELLANEOUS PROVISIONS › Section 400.1330 - Payment of Fees, Costs and Expenses

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The following shall be paid out of
				the
Illinois
State Military Justice Fund
(see Section
				5.875 of the State Finance Act):
1)
fees and authorized travel expenses of all witnesses, experts, victims,
				court reporters and interpreters;
2)
fees for the service of
				process;
3)
the
				costs of collection, apprehension, detention and
				confinement;
4)
and all other necessary expenses of prosecution and the administration
				of military justice, not otherwise payable by any other
				source
.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart L - MISCELLANEOUS PROVISIONS › Section 400.1335 - Payment and Disposition of Fines

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Fines imposed by a military court
				or through imposition of nonjudicial punishment shall be paid
				to
the
Illinois Department of Military Affairs
and delivered to the court or imposing officer, or to a person
				executing their process. Fines may be collected in the following
				manner
:
1)
By cash or money
				order;
2)
By
				retention of any pay or allowances due or to become due the person fined from
				any state or the United States; or
3)
By garnishment or levy, together
				with costs, on the wages, goods and chattels of a person delinquent in paying a
				fine, as provided by law.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart L - MISCELLANEOUS PROVISIONS › Section 400.1340 - Immunity for Action of Military Courts

Current through Register Vol. 48, No. 28, July 12, 2024
All persons acting under the provisions
				  of
the
Code, whether as a member of the
				  military or as a civilian, shall be immune from any personal liability for any
				  of the acts or omissions they did or failed to do as part of their duties
				  under
the
Code
. (Code Section
				  144)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart L - MISCELLANEOUS PROVISIONS › Section 400.1345 - Civilian Crimes Assimilated

Current through Register Vol. 48, No. 28, July 12, 2024
Any person subject
				  to
the
Code who commits an offense not
				  enumerated in
the
Code but that is an offense
				  under the laws of the United States, Illinois, or another state, U.S.
				  commonwealth, territory, possession, or district
(i.e., the laws of
				  the jurisdiction)
, while that person is subject to the jurisdiction
				  of
the
Code
,
is guilty of any
				  act or omission that, although not made punishable by any enactment
				  of
this State, is punishable if committed or omitted within the
				  jurisdiction of the laws of the
jurisdiction.
In accordance
				  with Code Section 134, the offense may be charged as an offense under the
				  substantive law of the jurisdiction where the offense was committed, in force
				  at the time of the offense, and shall be punished pursuant to the law of that
				  jurisdiction, subject only to the maximum punishment prescribed by
Appendix A. (Code Section 149)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart L - MISCELLANEOUS PROVISIONS › Appendix A - Table of Maximum Punishments

Current through Register Vol. 48, No. 28, July 12, 2024
Enlisted Personnel
Punishment
Imposed by Company or Flight Commander (cannot
							 impose any punishment on E-8 or E-9)
Imposed by Battalion or Squadron/Group
							 Commander (see Section 400.2010(a)(3) for E-8 or E-9)
Imposed by Brigade or Wing Commander or
							 AAG
Reduction
E-1 to E-4
E-5 to E-6
E-7 to E-8
E-9
1 Grade
No
No
No
2 Grades
1 Grade
No
No
2 Grades
1 Grade
1 Grade
1
Forfeiture
4 Days' Pay
6 Days' Pay2
6 Days' Pay2
Reprimand
Yes
Yes
Yes
Extra Duties
7 Days
14 Days3
14 Days3
Restriction
14 Days1
21 Days4 & 5
21 Days4 & 5
NOTES:
1 May recommend reduction as part
				  of NJP, but reduction is not effective unless and until approved in writing by
				  the Adjutant General.
2 May order forfeiture of 8 days'
				  pay if acting as "next superior commander".
3 May impose 21 days extra duties
				  if acting as "next superior commander".
4 Restriction cannot be imposed
				  unless in a field environment or while performing duty away from home
				  station.
5 May impose 28 days restriction
				  if acting as "next superior commander".
Officers and Warrant
				  Officers
Punishment
Imposed by Brigade, Group or Wing
							 Commander
Imposed by General Officer
Reduction
No
No
Forfeiture
4 Days' Pay
6 Days' Pay1
Reprimand
Yes
Yes
Extra Duties
No
No
Restriction
14 Days2
21 Days2 & 3
NOTES:
1 May order forfeiture of 8 days'
				  pay if acting as "next superior commander".
2 Restriction cannot be imposed
				  unless in a field environment or while performing duty away from home
				  station.
3 May impose 28 days restriction
				  if acting as "next superior commander".
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 1.
The definitions in the Unclaimed Property Act and in this
				  rule apply throughout this article.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 1 - Definitions › Section 1-2 - "Act" defined

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 2.
"Act" means the Unclaimed Property Act (IC
				  32-34-1
[IC 32-34-1 was repealed by
				  P.L.
				  141-2021,
				  SECTION
				  19, effective July 1,
				  2021.]
).
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 1 - Definitions › Section 1-3 - "Contraband" defined

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 3.
"Contraband" means items that may not generally be legally
				  possessed.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 1 - Definitions › Section 1-4 - "Credit memo" defined

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 4.
"Credit memo" means all types of refunds and credit
				  balances.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 1 - Definitions › Section 1-5 - "Deduct" or "deducted" defined

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 5.
"Deduct" or "deducted" means exclude or excluded and
				  withhold or withheld.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 1 - Definitions › Section 1-6 - "Holder in due course" defined

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC
				  26-1-3.1-302;
				  IC 32-34-1
Sec. 6.
"Holder in due course" means the holder of an instrument as
				  defined in IC
				  26-1-3.1-302.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 1 - Definitions › Section 1-7 - "Law enforcement agency" defined

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC
				  10-13-3-13;
				  IC 32-34-1
Sec. 7.
"Law enforcement agency" means any agency or entity as
				  defined in IC 5-2-5-1(14)
[IC 5-2-5 was repealed by
				  P.L.
				  2-2003,
				  SECTION
				  102, effective July 1, 2003. See IC
				  10-13-3-13.]
.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 1 - Definitions › Section 1-8 - "Owner-generated activity" defined

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 8.
"Owner-generated activity" means any activity generated
				  by:
(1) the owner of the unclaimed
				property; or
(2) the owner's
				authorized agent, if the agent is not the holder of the unclaimed
				property.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 1 - Definitions › Section 1-9 - "Undelivered shares" defined

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 9.
"Undelivered shares" means any certificate or other
				  instrument of ownership that represents shares of stock of a business
				  association, which is still in the possession of the issuer, holder, transfer
				  agent, or broker.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 1 - Definitions › Section 1-10 - "Underlying shares" defined

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 10.
"Underlying shares" means the intangible ownership interest
				  or shares of stock of a business association, which are no longer in the
				  possession of the issuer, holder, transfer agent, or broker and the dividends
				  or distributions as a result of the interest have been presumed
				  abandoned.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 1 - Definitions › Section 1-11 - "Warrant" defined

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 11.
"Warrant" means a payment instrument issued by the state to
				  the claimant.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 2 - Holders › Section 2-1 - Search of records

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC
				  32-34-1-26
Sec. 1.
Any organization holding unclaimed property shall examine
				  the records of its offices, including branch offices and various subsidiaries,
				  to determine:
(1) whether it has
				knowledge of the whereabouts of the owner;
(2) whether the owner has transacted business
				with regard to other matters with such organization or is otherwise known to
				such organization; or
(3) whether
				the organization has any records of the owner's current address.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 2 - Holders › Section 2-2 - Format of reports

Current through July 10, 2024
Authority: IC 32-34-1-52
Affected: IC 32-34-1-26
Sec. 2.
Commencing January 1, 1997, a holder must file the unclaimed
				  property report required under IC 32-34-1-26 on:
(1) a paper format provided by or approved by
				the attorney general;
(2) a
				computer disk formatted according to the attorney general's
				instructions;
(3) a magnetic tape
				formatted according to the attorney general's instructions;
(4) a compact disk formatted according to the
				attorney general's instructions; or
(5) any other means of electronic reporting
				as approved by the attorney general.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 2 - Holders › Section 2-3 - Incomplete or inaccurate report or remittance

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC
				  32-34-1-42; IC
				  32-34-1-45
Sec. 3.
(a) Any
				unclaimed property report or remittance submitted to the attorney general that:
(1) is incomplete;
(2) is inaccurate;
(3) is not submitted on forms provided by the
				attorney general;
(4) uses a format
				that has not received prior approval from the attorney general;
(5) fails to identify the category of
				unclaimed property contained in the report;
(6) fails to provide the date of last
				transaction or first payable date for property reported;
(7) fails to provide legal descriptions and
				decimal percentage of ownership for owners whose property is derived from
				mineral interests; or
(8) fails to
				include any other information on the report as required under IC
				32-34-1
[IC 32-34-1 was repealed by
				P.L.
				141-2021,
				SECTION
				19, effective July 1, 2021.]
or
				these rules; shall be returned to the holder for
				correction.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 2 - Holders › Section 2-4 - Amended reports

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 4.
(a) The
				holder must file an amended unclaimed property report if any change occurs
				after a report is submitted to the attorney general. The amended report must
				include a statement of the reason for the change, when appropriate, including,
				but not limited to, the following reasons:
(1)
				Change of owner's name.
(2) Change
				of owner's last known address.
(3)
				Change of date of last transaction.
(4) Change of legal description of mineral
				interest in land.
(5) Change of
				decimal percentage of ownership of mineral interest in land.
(6) Change in original amount
				reported.
(7) Error in the
				report.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 2 - Holders › Section 2-5 - Holder reimbursement

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC
				  32-34-1-27; IC
				  32-34-1-29
Sec. 5.
(a) A holder
				who has delivered unclaimed property to the attorney general under IC
				32-34-1-27
[IC 32-34-1 was
				repealed by
				P.L.
				141-2021,
				SECTION
				19, effective July 1, 2021.]
and has
				subsequently paid an apparent owner under IC
				32-34-1-29(c)
[IC 32-34-1 was repealed by
				P.L.
				141-2021,
				SECTION
				19, effective July 1, 2021.]
may
				request reimbursement.
(b) The
				attorney general shall reimburse the holder upon presentation of proof of
				payment, which may include, but not be limited to:
(1) copies of correspondence with the
				owner;
(2) copies of the negotiated
				check to the owner front and back copy; or
(3) an affidavit executed by an officer of
				the holder attesting to the facts.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 2 - Holders › Section 2-6 - Holder must change foreign currency

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 6.
(a) Except
				as provided in subsection (b), a holder of foreign currency must exchange the
				currency for United States dollars before transmitting the property to the
				attorney general.
(b) A holder of
				foreign currency having a market value greater than face value must submit the
				foreign currency in its original form to the attorney general.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 3 - Property Held by Holders › Section 3-1 - Books of holder

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 1.
(a)
				Unclaimed property on the books of the holder that has been converted to
				income, reversed back to the account upon which the check or draft was drawn,
				or any other method used to convert the unclaimed property to an asset of the
				holder must be reported and submitted to the attorney general.
(b) The books and records of the holder are
				presumptive evidence of the existence of such intangible property.
(c) A presumption under subsection (b) may be
				rebutted by evidence arising from the books and records of the holder, that may
				include, but are not limited to, stop-payment orders or items that can be
				verified as accounting errors that establish that the original check or draft
				was issued in error or reissued to the original payee.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 3 - Property Held by Holders › Section 3-2 - Period of dormancy

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 2.
The period of dormancy or inactivity of a deposit, account,
				  or any other real or personal property subject to the Act begins on the date of
				  the last owner-generated activity recorded by the holder of the unclaimed
				  property.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 3 - Property Held by Holders › Section 3-3 - Holding period determined by type of liability

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 3.
The allowable holding period shall be determined by the type
				  of liability or by the type of property payable, not the method of
				  payment.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 3 - Property Held by Holders › Section 3-4 - Automatically renewable property; penalties and forfeiture

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 4.
(a) Except
				as provided in subsections (b) and (c), any property that is automatically
				renewable, such as an instrument having rollover provisions, is matured upon
				the expiration of its initial time period.
(b) If the owner consents to a renewal by
				communicating in writing with the banking or financial organization at or about
				the time of renewal, or otherwise indicates consent, as evidenced by a
				memorandum or other record on file prepared by an employee of the organization,
				the property is matured upon the expiration date of the last time period for
				which consent was given.
(c) If, at
				the time for delivery to the attorney general, a penalty or forfeiture in the
				payment of interest would result from the delivery of the property, the time
				for delivery shall be extended until the earliest date when no penalty or
				forfeiture would result.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 3 - Property Held by Holders › Section 3-5 - Instruments representing ownership interest

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC
				  32-34-1-20
Sec. 5.
(a) Except
				as provided in subsection (e), any undelivered share or other intangible
				instrument representing an ownership interest in a business association, in
				which the issuer has recorded on its books the issuance of the share but has
				been unable to deliver the certificate to the shareholder, is considered
				unclaimed funds if such undelivered share is unclaimed for the period specified
				by IC 32-34-1-20
[IC 32-34-1 was
				repealed by
				P.L.
				141-2021,
				SECTION
				19, effective July 1, 2021.]
for
				that type of interest.
(b) The
				entity that possesses the undelivered share or other intangible instrument
				representing an ownership interest in a business association is considered the
				holder of the undelivered share.
(c) At the time any undelivered share is
				considered as unclaimed funds under this section, any dividend, distribution,
				or other sum then held or owing to the owner as a result of the undelivered
				share, and not previously considered unclaimed funds, will be deemed unclaimed
				funds.
(d) If any future dividend,
				distribution, or other sum payable to the owner as a result of the undelivered
				share is not claimed by the owner after the running of the statutory period for
				unclaimed interests of that type, a new unclaimed period commences and relates
				back to the time that dividend, distribution, or other sum became due and
				payable.
(e) This rule does not
				apply to any undelivered share or other intangible instrument representing an
				ownership interest in a business association enrolled in a plan that provides
				for the automatic reinvestment of dividends, distributions, or other sums
				payable as a result of the undelivered share.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 3 - Property Held by Holders › Section 3-6 - Unclaimed checks

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 6.
Outstanding or unclaimed expense and vendor checks, payroll
				  checks, claim checks, warrants, drafts, or other miscellaneous checks and
				  drafts must be reported and delivered to the attorney
				  general.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 3 - Property Held by Holders › Section 3-7 - Lawful charges; interest

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC
				  32-34-1-22
Sec. 7.
(a) Except
				as provided in IC
				32-34-1-22(b)
[IC 32-34-1 was repealed by
				P.L.
				141-2021,
				SECTION
				19, effective July 1, 2021.]
, there
				must be a valid, written contract between the holder and the owner to permit
				the lawful withholding of charges for the owner's failure to claim the property
				within a specified time. No holder shall seek to implement the terms of any
				contract against the state if it does not do so against owners who claim their
				assets prior to remittance.
(b) The
				holder shall cite, in its unclaimed property report, the legal authority or
				contract provision supporting the discontinuation of interest or dividend
				payments on property during the period of its inactivity. If such payments
				would not have been discontinued had the property been claimed by the owner
				prior to being reported or remitted to the attorney general, and the holder
				does not regularly waive its contractual right to cease payment of interest,
				such discontinuance is prohibited.
(c) The holder shall provide the following
				information as part of any unclaimed property report filed from which service
				charges have been deducted:
(1) The citation
				of IC 32-34-1
[IC 32-34-1 was repealed by
				P.L.
				141-2021,
				SECTION
				19, effective July 1, 2021.]
or a
				copy of the contract between the parties authorizing such service
				charges.
(2) The value or amount of
				each item or property, prior to deduction of service charges as well as the
				total amount of service charges deducted from each item.
(3) Such other information or documentation
				to substantiate the deduction of service charges. This may include:
(A) correspondence;
(B) passbook provisions;
(C) signature cards;
(D) regulations;
(E) bylaws; or
(F) any other documentation concerning any
				agreement between the holder and the owner.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 3 - Property Held by Holders › Section 3-8 - Safe deposit box contents

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 8.
(a) Safe
				deposit boxes or other safekeeping depositories that have been abandoned shall
				be opened and inventoried in the presence of at least two (2) employees of the
				holder, who shall verify by affidavit the contents of the box. The property and
				a copy of the employees' affidavit shall then be sealed for safekeeping until
				delivered to the owner or the attorney general.
(b) Every holder maintaining safe deposit
				boxes or other safekeeping repositories shall report to the attorney general
				with an inventory of property in its possession that constitutes unclaimed
				funds.
(c) Such inventory shall
				include a statement containing the following information:
(1) The name and last known address of each
				owner whose lease or rental period has expired.
(2) The expiration date of the lease or
				rental agreement for such safe deposit box or other safekeeping
				depository.
(3) The date of opening
				of such safe deposit box or other safekeeping repository.
(4) The number of identifying description of
				the safe deposit box or other safekeeping repository.
(5) A list describing the items
				received.
(6) The name and address
				of the holder reporting the property.
The inventory shall contain such further identifying data and
				  information as shall be requested by the attorney general.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 3 - Property Held by Holders › Section 3-9 - Presumption of abandonment for multiple owners

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 9.
If property is owned by more than one (1) person, the
				  presumption of abandonment shall occur when the property has been abandoned by
				  all the owners for the applicable time period.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 4 - Claims › Section 4-1 - Claims process; general

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 1.
(a) A claim
				for unclaimed property or the proceeds from the sale of unclaimed property may
				be filed with the unclaimed property section of the attorney general.
(b) Upon receipt of the initial claims
				inquiry from a person having an interest in the property held by the attorney
				general, the attorney general shall send the required claim forms to be
				completed by the claimant and request necessary documentation as proof of
				ownership.
(c) All claims amounts
				shown on data bases and claim forms are subject to verification by the attorney
				general in order to confirm the accuracy of the amount and the status of the
				property.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 4 - Claims › Section 4-2 - Filing of claims

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 2.
(a) Claims
				shall be prepared and filed only on the form provided by the attorney general,
				which shall be provided to the claimant upon request.
(b) The claimant shall assert on the
				appropriate form that he or she is the true owner of the unclaimed property and
				agrees to indemnify and hold harmless the attorney general and the state in the
				event of a successful claim to such property by another claimant.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 4 - Claims › Section 4-3 - Time requirements for review of claim and notice of disposition of claims

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 3.
(a) The
				attorney general shall consider each claim within ninety (90) days after
				receipt of the completed form and the documentation necessary to support the
				claim.
(b) The attorney general
				shall give written notice to the claimant if the claim is denied in whole or in
				part. The notice may be given by mailing it to the last address, if any, stated
				in the claim as the address to which notices are to be sent. If no address for
				notices is stated in the claim, the notice may be mailed to the last address,
				if any, of the claimant as stated in the claim.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 4 - Claims › Section 4-4 - Proof of ownership; general

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 4.
(a)
				Information required to prove ownership of unclaimed property shall consist of
				a copy of the claimant's driver's license or other picture identification, a
				document proving the claimant's Social Security number, and a copy of one (1)
				or more of the following:
(1) Birth
				certificate.
(2) Last will and
				testament.
(3) Evidence of probate
				distribution.
(4) Marriage
				certificate.
(5) Divorce
				decree.
(6) Documentation providing
				a connection with the reported address or business for the year cited as the
				date of last transaction in the holder's report.
(7) Letters testamentary.
(8) Notarized copy of contract if a
				representative is claimant.
(9)
				Guardianship or trust agreement.
(10) An affidavit executed by an individual
				other than the claimant having knowledge of, and in support of, a claim when
				requested information or documentation is not available.
(11) Any other documentation necessary to
				support the claim, as requested by the attorney general, including, but not
				limited to, the following:
(A) An income tax
				return.
(B) Adoption
				records.
(C) Court
				records.
(D) Certificates of
				deposits.
(E) Stale dated
				checks.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 4 - Claims › Section 4-5 - Proof of ownership; business accounts

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 5.
Any person acting on behalf of a business claiming an
				  interest in the unclaimed intangible personal property of a business or a
				  business account in the custody of the attorney general shall file with the
				  attorney general the following:
(1) If
				the property is claimed by a proprietorship or a partnership, then the claimant
				shall produce authorization to file a claim for the proprietorship's or
				partnership's unclaimed property. The claimant shall provide personal
				identification as specified in this article.
(2) If the property is claimed by a
				corporation that is still active, then the claimant shall produce a certified
				copy of the corporation's most recent filing with the secretary of state of
				Indiana, or the appropriate official of another state, where applicable,
				reflecting the names of the officers and directors of the corporation. The
				claimant shall also show appropriate evidence indicating the claimant's right
				to act on behalf of the business.
(3) If the property is claimed by a dissolved
				corporation, then the claimant shall provide certification from an appropriate
				state official of the state of incorporation, certified within one (1) year of
				the filing of the claim to reflect the last corporate filing. The claimant
				shall also show appropriate evidence that the corporation is the same
				corporation as on the attorney general's records and that the claimant is
				entitled to all or a proportional share of the dissolved corporation.
(4) If the property is claimed by a
				corporation dissolved pursuant to a bankruptcy proceeding, the claimant shall
				provide a duly authenticated copy of the petition filed in the bankruptcy
				proceedings together with copies of any orders appointing a trustee or examiner
				if they exist. If no bankruptcy proceedings of the dissolved corporation are
				known, then the claimant shall provide proof from the appropriate U.S. District
				Bankruptcy Court. The claimant shall produce personal identification as
				specified in these rules.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 4 - Claims › Section 4-6 - Presumption of stock ownership

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 6.
(a) There is
				a presumption that the stock book of a corporation shows the owner of the stock
				certificate or other certificate of ownership of the corporation and the amount
				of ownership interest in the corporation.
(b) There is a presumption that the records
				of a holder show ownership of or entitlement to other intangible
				property.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 4 - Claims › Section 4-7 - Receivership or bankruptcy; trustee as claimant

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC
				  32-34-1-15
Sec. 7.
(a) When a
				person, as defined in IC
				32-34-1-15
[IC 32-34-1 was
				repealed by
				P.L.
				141-2021,
				SECTION
				19, effective July 1, 2021.]
, is in
				receivership or in bankruptcy, the receiver or trustee in bankruptcy is the
				proper claimant upon the presentment of certified copies of the entry of
				appointment.
(b) Payment will not
				be made to the owner after due notice has been received by the attorney general
				from the receiver, the trustee in bankruptcy, or the court in which execution
				has been levied.
Indiana Administrative Code › Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE › Article 1.5 - UNCLAIMED PROPERTY › Rule 4 - Claims › Section 4-8 - Creditors; proof of claim

Current through July 10, 2024
Authority: IC
				  32-34-1-52
Affected: IC 32-34-1
Sec. 8.
Any creditor of an apparent owner claiming an interest in
				  unclaimed property in the custody of the attorney general shall file the
				  following with the attorney general:
(1) A certified copy of a final judgment
				establishing the debt owed by the apparent owner.
(2) Proof that the judgment is first in time
				within the apparent owner's county of residence.
(3) Proof by affidavit or otherwise that the
				debt has not been extinguished by the statute of limitations and has not been
				satisfied in whole or in part.