Indiana Code 13-28-4-2. Reports not privileged; civil or administrative actions
(1) The environmental audit report was first issued after July 1, 1994.
Terms Used In Indiana Code 13-28-4-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(A) The privilege is asserted for a fraudulent purpose.
(B) The material is not subject to the privilege.
(C) The material is subject to the privilege and the material shows evidence of noncompliance with:
(i) this title or a rule or standard adopted by the board or one (1) of the former boards abolished by IC 13-13-8-2;
(ii) a determination, a permit, or an order issued by the commissioner under this title; or
(iii) the federal, regional, or local counterpart of item (i) or (ii);
and the person claiming the privilege did not promptly initiate and pursue appropriate efforts to achieve compliance with reasonable diligence.
(b) If the noncompliance described in subsection (a)(2)(C) constitutes a failure to obtain a required permit, the person is considered to have made appropriate efforts to achieve compliance if the person filed an application for the required permit not later than ninety (90) days after the date the person became aware of the noncompliance.
[Pre-1996 Recodification Citation: 13-10-3-4.]
As added by P.L.1-1996, SEC.18. Amended by P.L.113-2014, SEC.85.