Indiana Code 36-12-11-16. Complaints; resolution; dismissal; board determination
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Sec. 16. (a) If the director is unable to satisfactorily resolve a complaint that the director has determined to have merit under section 15 of this chapter, the director shall notify the board, which shall take jurisdiction of the complaint.
(c) During the forty-five (45) days after the board receives notification or appeal under subsection (a) or (b), the director shall not conduct an investigation or take any action, unless requested by the board. When the forty-five (45) day period has elapsed, the board shall make the determination whether:
(b) If a complaint is dismissed by the director under section 15 of this chapter, the complainant may file a written appeal with the board within thirty (30) days after the date of dismissal. The board shall then take jurisdiction of the complaint.
Terms Used In Indiana Code 36-12-11-16
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- board: refers to the Indiana library and historical board established by IC 4-23-7-2. See Indiana Code 36-12-11-2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- director: refers to the director of the Indiana state library appointed under Indiana Code 36-12-11-3
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(1) the complaint should be:
(A) dismissed;
(B) prosecuted; or
(C) investigated further; or
(2) a resolution to the complaint should be negotiated.
If the board determines that further investigation or negotiation is warranted, the board may, at a later date, prosecute or dismiss the complaint.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-16.]
As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.38.