CHAPTER 3. DUTIES OF THE DIVISION
IC 24-4.7-3
Chapter 3. Duties of the Division
IC 24-4.7-3-1
Quarterly listing
Sec. 1. (a) A quarterly listing of telephone numbers of Indianaconsumers who request not to be solicited by telephone shall beestablished, maintained, and published as provided in this section.
(b) The telephone number of a consumer shall be placed on thelisting if the consumer requests to be added to the listing accordingto a procedure approved by the division.
(c) The listing shall be updated upon receipt of a request from aconsumer.
(d) A telephone solicitor may obtain a copy of the listing uponrequest of the telephone solicitor as provided in this section.
(e) The division shall establish a fee to be paid by a telephonesolicitor for obtaining a copy of the listing. The fee established underthis subsection may not exceed the amount necessary to cover thecost of providing the listing to telephone solicitors.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-3-2
Agents
Sec. 2. (a) The division may contract with an agent to perform thedivision's duties under section 1 of this chapter if both of thefollowing conditions are satisfied:
(1) The agent has demonstrated experience in maintaining anational no sales solicitation calls listing.
(2) The contract requires the vendor to provide the listing in:
(A) a printed hard copy format; and
(B) any other format offered;
at a cost that does not exceed the production cost of the formatoffered.
(b) If the division enters into a contract under this section, thedivision must retain the ultimate authority for the following:
(1) Approval of the procedures for establishment, maintenance,and publication of the listing.
(2) Establishing fees required by section 1(e) of this chapter.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-3-3
Investigation
Sec. 3. The division shall investigate complaints receivedconcerning violations of this article.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-3-4
Notifications
Sec. 4. The division shall notify Indiana residents of the rights andduties created by this article.As added by P.L.189-2001, SEC.1.
IC 24-4.7-3-5
Reports
Sec. 5. (a) The division shall, after June 30 and before October 1of each year, report to the regulatory flexibility committeeestablished by IC 8-1-2.6-4 on the following:
(1) For the state fiscal year ending June 30, 2002, the expensesincurred by the division in establishing the listing.
(2) The total amount of fees deposited in the fund during themost recent state fiscal year.
(3) The expenses incurred by the division in maintaining andpromoting the listing during the most recent state fiscal year.
(4) The projected budget required by the division to complywith this article during the current state fiscal year.
(5) Any other expenses incurred by the division in complyingwith this article during the most recent state fiscal year.
(6) The total number of subscribers on the listing at the end ofthe most recent state fiscal year.
(7) The number of new subscribers added to the listing duringthe most recent state fiscal year.
(8) The number of subscribers removed from the listing for anyreason during the most recent state fiscal year.
(b) The regulatory flexibility committee shall, before November1 of each year, issue in an electronic format under IC 5-14-6 a reportand recommendations to the legislative council concerning theinformation received under subsection (a).
As added by P.L.189-2001, SEC.1. Amended by P.L.28-2004,SEC.163.
IC 24-4.7-3-6
Fund
Sec. 6. (a) The consumer protection division telephone solicitationfund is established for the purpose of the administration of:
(1) this article; and
(2) IC 24-5-0.5-3(a)(19).
The fund shall be used exclusively for this purpose.
(b) The division shall administer the fund.
(c) The division shall deposit all revenue received:
(1) under this article; and
(2) from civil penalties deposited under IC 24-5-0.5-4(h);
in the fund.
(d) Money in the fund is continuously appropriated to the divisionfor the administration of:
(1) this article; and
(2) IC 24-5-0.5-3(a)(19).
(e) Money in the fund at the end of a state fiscal year does notrevert to the state general fund. However, if the amount of money inthe fund at the end of a particular state fiscal year exceeds twohundred thousand dollars ($200,000), the treasurer of state shall
transfer the excess from the fund to the state general fund.
As added by P.L.189-2001, SEC.1. Amended by P.L.85-2006, SEC.1.
IC 24-4.7-3-7
Adoption of rules
Sec. 7. The division may adopt rules under IC 4-22-2 toimplement this article.
As added by P.L.189-2001, SEC.1.