Sec. 14.3. (a) Except as provided in subsection (e), the attorney general must review for form and legality contracts to which a state agency is a party, unless the contract is not required to be in writing under section 14.2 of this chapter.

     (b) If the attorney general finds that a contract does not meet the requirements of law, the attorney general shall:

Terms Used In Indiana Code 4-13-2-14.3

  • agency: refers to every officer, board, commission, department, division, bureau, committee, employee, and other instrumentality of the state, including: state hospitals, state penal institutions, and other state institution enterprises and activities wherever located, except, unless specifically included, the following:

    Indiana Code 4-13-2-1

  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
(1) disapprove the contract;

(2) explain in writing to the contracting agency how the contract is legally defective; and

(3) assist the agency to remedy defects that are found, if possible.

     (c) If the attorney general finds that the form of a contract is inappropriate but that the contract is legal, the attorney general may disapprove the contract and shall advise the agency how the form is defective and how the form may be improved.

     (d) The attorney general shall advise the contracting agency as to the form and legality of the contract within forty-five (45) days after its submission for review. If the attorney general does not advise the agency within forty-five (45) days after submission, the contract is considered to be approved.

     (e) The attorney general may approve contract forms or, by rules adopted under IC 4-22-2, contract types to be used by a state agency and specify the conditions under which the approved forms or types may be used. An agency using a contract form or contract type approved by the attorney general is not required to submit individual contracts using the forms or types for review by the attorney general under this section. Changes in an approved form or type must:

(1) be approved by the attorney general; and

(2) be made in accordance with IC 5-15-5.1-5.

     (f) The attorney general may delegate to a deputy a power or responsibility given to the attorney general under this section.

As added by P.L.31-1987, SEC.3.

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