Indiana Code 32-34-1.5-67. Judicial review and procedure
(1) file an action against the attorney general in a court with jurisdiction challenging the attorney general’s determination of liability and seeking a declaration that the determination is unenforceable, in whole or in part; or
Terms Used In Indiana Code 32-34-1.5-67
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(b) If a putative holder pays or delivers property the attorney general determined must be paid or delivered to the attorney general at any time after the putative holder files an action under subsection (a)(1), the court shall continue the action as if it had been filed originally as an action for a refund or return of property under subsection (a)(2).
(c) Upon the final determination of an action filed under subsection (a), the court may award reasonable attorney’s fees to a putative holder that prevails in an action under this section.
(d) A putative holder that prevails in an action under subsection (a)(2) for a refund of money paid to the attorney general is entitled to interest on the amount refunded, at the same rate a holder is required to pay to the attorney general under section 71(a) of this chapter, from the date paid to the attorney general until the date of the refund.
As added by P.L.141-2021, SEC.20.