CHAPTER 1. LICENSING OF COLLECTION AGENCIES BY SECRETARY OF STATE
IC 25-11
ARTICLE 11. COLLECTION AGENCIES
IC 25-11-1
Chapter 1. Licensing of Collection Agencies by Secretary of State
IC 25-11-1-1
General definitions
Sec. 1. As used in this chapter, unless the context otherwiserequires:
(a) The term "person" means any individual, firm, partnership,limited liability company, or corporation.
(b) The term "collection agency" means and includes all personsengaging directly or indirectly and as a primary or secondary object,business, or pursuit, in soliciting claims for collection, or in thecollection of claims owed or due or asserted to be owed or due toanother, including child support arrearages under IC 31-25-4. Theterm "collection agency" also means and includes, but shall not belimited to, any person who sells, furnishes, or maintains a letter orwritten demand service, including stickers or coupon books, designedfor the purpose of making demand on any debtor on behalf of anycreditor for the payment of any claim wherein the person furnishingor maintaining such letter or written demand service, includingstickers or coupon books, shall sell such services for a stated amountor for a percentage of money collected whether paid to the creditoror to the collection agency, or where such services may be renderedas a part of a membership in such collection agency regardless ofwhether or not a separate fee or percentage is charged. The term"collection agency" shall also include, but not be limited to, anyindividual, firm, partnership, limited liability company, orcorporation who uses a fictitious name, or any name other than theindividual's or entity's name, in the collection of accounts receivablewith the intention of conveying to the debtor that a third person hasbeen employed.
(c) The term "claim" means any obligation for the payment ofmoney or its equivalent and any sum or sums owed or due or assertedto be owed or due to another, for which any person may be employedto demand payment and to collect or enforce payment thereof. Theterm "claim" also includes obligations for the payment of money inthe form of conditional sales agreements, notwithstanding that thepersonal property sold thereunder, for which payment is claimed,may be or is repossessed in lieu of payment.
(Formerly: Acts 1937, c.92, s.1; Acts 1955, c.304, s.1.) As amendedby Acts 1982, P.L.154, SEC.40; P.L.8-1993, SEC.375; P.L.178-1996,SEC.1; P.L.234-2005, SEC.80; P.L.145-2006, SEC.159.
IC 25-11-1-2
Collection agency; definition
Sec. 2. The term "collection agency" does not include thefollowing: (a) Attorney at law.
(b) Persons regularly employed on a regular wage or salary inthe capacity of credit men or in a similar capacity except as anindependent contractor.
(c) Banks, including trust departments, fiduciaries, and financialinstitutions including licensees under IC 24-4.5 and licenseesunder IC 28-5-1.
(d) Licensed real estate brokers.
(e) Employees of licensees under this chapter.
(f) Any person, firm, partnership, limited liability company, orcorporation engaged in any business enterprise in the statewhose primary object, business, or pursuit is not the collectionof claims, as the term is defined by the provisions of thischapter.
(g) Any electric, gas, water and telephone public utilities, theirrespective employees, agents, representative agents,representatives, and individual contractors.
(h) Any express company regulated under IC 8-2.1 or IC 8-3.
(Formerly: Acts 1937, c.92, s.2; Acts 1955, c.304, s.2.) As amendedby Acts 1977, P.L.272, SEC.1; P.L.23-1988, SEC.113; P.L.99-1989,SEC.31; P.L.3-1989, SEC.145; P.L.8-1993, SEC.376.
IC 25-11-1-3
Application; contents; bonds; agent for service of process
Sec. 3. (a) Any person desiring to conduct a collection agencyshall make an application to the secretary of state upon such formsas may be prescribed by the secretary of state. Such application shallinclude the following:
(1) If the applicant is an individual:
(A) the individual's name;
(B) the individual's residence address;
(C) the address of each location from which the individualcarries out the activities of the collection agency; and
(D) a statement that the individual satisfies the qualificationsset forth in section 4 of this chapter.
(2) If the applicant is a partnership:
(A) the name of each partner;
(B) the business address of the partnership;
(C) the residence address of at least one (1) of the partners;
(D) the address of each location from which the partnershipcarries out the activities of the collection agency; and
(E) a statement that each partner in the partnership satisfiesthe qualifications set forth in section 4 of this chapter.
(3) If the applicant is a limited liability company:
(A) the date and place of organization;
(B) the name of the limited liability company;
(C) the business address of the limited liability company;
(D) the residence address of at least one (1) of the managersor members of the limited liability company; and
(E) a statement that each of the managers and members in
the limited liability company satisfies the qualifications setforth in section 4 of this chapter.
(4) If the applicant is a corporation:
(A) the date and place of incorporation;
(B) the name of the corporation;
(C) the business address of the corporation;
(D) the residence address of at least one (1) of the officers ofthe corporation; and
(E) a statement that each of the officers of the corporationsatisfies the qualifications set forth in section 4 of thischapter.
The application shall be duly sworn to before an officer qualified toadminister oaths. The application shall set forth therein any otherverified information which will assist the secretary of state indetermining the qualifications of the applicant to meet therequirements of a collection agency as hereinunder set forth.
(b) Every original and renewal application of any person desiringto conduct a collection agency shall be accompanied by a fee of onehundred dollars ($100) plus an additional fee of thirty dollars ($30)for each branch office operated by the applicant whether as soleowner, partnership, limited liability company, or corporation.
(c) Any person desiring to secure a renewal of a collection agencylicense shall make a renewal application to the secretary of state notlater than January 1 of the year following the year in which theperson's license expires under section 5 of this chapter. Theapplication shall be made on such forms as the secretary of state mayprescribe. Such application shall contain therein verified informationthat will assist the secretary of state in determining whether or notthe applicant is in default, or is in violation of any of the provisionsof this chapter, and whether or not the applicant has at all timescomplied with the requirements of this chapter in the operation of theapplicant's collection agency.
(d) Each renewal application shall be accompanied by the renewalfee and an additional fee of thirty dollars ($30) for each branch officemaintained and operated by the applicant.
(e) Every original and renewal application shall be accompaniedby the following:
(1) A corporate surety bond in the sum of five thousand dollars($5,000) for each office the applicant operates in the state ofIndiana. All bonds shall run to the people of the state of Indianaand shall be furnished by a surety company authorized to dobusiness in this state. All bonds shall be conditioned upon thefaithful accounting of all money collected upon accountsentrusted to such person and shall be continuous in form andshall remain in full force and effect and run continuously withthe license period and any renewal thereof. All bonds shallfurther be conditioned upon the provision that the applicantshall, within sixty (60) days from the date of the collection ofany claim, render an account of and pay to the client, for whomcollection has been made, the proceeds of such collection less
the charges for collection agreed upon by and between theapplicant and the client. All bonds shall be filed in the office ofthe secretary of state and shall be approved by the secretary ofstate before being filed. All bonds filed and approved shall befor the use and benefit of all persons damaged by the wrongfulconversion of any money by such person, and any individual soinjured or aggrieved may bring an action upon such bond. Thesurety company may notify the secretary of state and principalof its desire to terminate its liability under any bond furnished.Thirty (30) days after receipt of such notice by the secretary ofstate, the secretary of state shall thereupon require the principalto file a new bond or discontinue all operations. If a new bondis filed by the principal all liability under any previous bondshall thereupon cease and terminate. If a new bond shall not befiled within the thirty (30) day period above specified thesecretary of state shall, after expiration of the period, revoke theprincipal's license.
(2) Any applicant who is a nonresident of the state of Indianashall also submit a statement appointing an agent or attorneyresident herein, upon whom all legal process against theapplicant may be served. The statement shall contain astipulation that the applicant agrees that service of legal processupon such agent or attorney shall be valid service upon theapplicant.
(Formerly: Acts 1937, c.92, s.3; Acts 1955, c.304, s.3.) As amendedby Acts 1978, P.L.12, SEC.8; P.L.8-1993, SEC.377; P.L.178-1996,SEC.2.
IC 25-11-1-4
Qualifications of applicants
Sec. 4. The following qualifications apply to all individualapplicants and any individual who is an officer of any corporation ora member of any partnership, limited liability company, or firm andactively manages the collection of or solicits accounts for collectionfor any firm, partnership, limited liability company, or corporationwhich makes an application for a collection agency license:
(1) The applicant must be a citizen of the United States, of goodmoral character, and not less than eighteen (18) years of age.
(2) The applicant must not have a record as a defaulter in thepayment of money collected or received for another.
(3) The applicant must not be a former licensee under thischapter whose license has been suspended or revoked and notsubsequently reinstated under this chapter.
An applicant to whom a license is to be issued must meet thebonding requirements of section 3(e) of this chapter.
(Formerly: Acts 1937, c.92, s.4; Acts 1955, c.304, s.4; Acts 1973,P.L.252, SEC.7.) As amended by Acts 1978, P.L.2, SEC.2525;P.L.8-1993, SEC.378; P.L.178-1996, SEC.3.
IC 25-11-1-5 Issuance of license by secretary of state; provisional license
Sec. 5. (a) The secretary of state shall investigate thequalifications of the applicant and if the applicant meets thequalifications of this chapter the secretary of state shall approve theapplication. If the application is approved the license shall be issuedforthwith to the applicant. All licenses are valid for two (2) years andshall expire on the thirty-first day of December of the year followingthe year in which the license was issued. If the application for alicense is denied, the application fees shall be retained by thesecretary of state.
(b) The secretary of state shall issue a license to any person whoholds and presents with the application a valid and subsisting licenseto operate a collection agency issued by another state or state agencyif:
(1) the requirements for the securing of such license were, at thetime of issuance, substantially the same or equal to therequirements imposed by this chapter;
(2) the state concerned extends reciprocity under similarcircumstances to licensed collection agencies of this state; and
(3) the application is accompanied by the fees and financialbonding requirements as provided in this chapter.
(c) In the event of the death of an individual licensee, thedissolution of a licensee partnership by death or operation of law, orthe termination of employment of the active manager if the licenseeis a firm, partnership, limited liability company, or corporation, upona showing that the bonding requirements provided for in this chapterare complied with, the secretary of state shall issue, without a fee, aprovisional license to the personal representative of the deceased, thepersonal representative's appointee, the surviving partner, the firm,the limited liability company, or the corporation, as the case may be,which shall be for the following purposes only and shall expire at thefollowing times:
(1) A provisional license issued to a personal representative ora personal representative's appointee expires one (1) year fromthe date of the issuance and shall not be subject to renewal. Theauthority of the provisional license so issued shall be limited tosuch activities as may be necessary to terminate the business ofthe former licensee.
(2) All other provisional licenses expire three (3) months fromthe date of issuance unless the provisional licensee, within thisperiod, can meet the requirements for a full license as providedin this chapter.
(d) A nonresident collection agency that has only incidentalcontact with a debtor is not required to be licensed under thischapter. As used in this subsection, "incidental contact" meanscontact on behalf of nonresident creditors using interstatecommunications, including telephone, mail service, or facsimiletransmissions.
(Formerly: Acts 1937, c.92, s.5; Acts 1955, c.304, s.5.) As amendedby Acts 1982, P.L.154, SEC.41; P.L.8-1993, SEC.379; P.L.240-1995,
SEC.1; P.L.178-1996, SEC.4.
IC 25-11-1-6
Records
Sec. 6. The secretary of state shall keep in the secretary of state'soffice a record of all applications for licenses and all bonds requiredto be filed, including a statement as to whether a license, renewallicense, or provisional license has been issued under each applicationand bond, and if revoked or suspended, the date of the filing of theorder of revocation or suspension. The secretary of state shallmaintain a list of all individuals, firms, partnerships, limited liabilitycompanies, or corporations who have had their license revoked orsuspended, and the secretary of state shall keep a written record ofall complaints filed against any licensee. Each license issued shallcontain the name and address of the licensee and a serial number.The record shall be open to inspection as public records.
(Formerly: Acts 1937, c.92, s.6; Acts 1955, c.304, s.6.) As amendedby P.L.8-1993, SEC.380; P.L.178-1996, SEC.5.
IC 25-11-1-7
Unlawful acts
Sec. 7. (a) It is unlawful for any person to conduct, within thisstate, a collection agency without first having applied for andobtained a license under the provisions of this chapter.
(b) It is unlawful for any person conducting a collection agencywithin this state to fail to render an account of and pay to the client,for whom collection has been made, the proceeds of such collection,less the charges for collection in accordance with the terms ofagreement between the applicant and client. This account shall bemade within sixty (60) days from the date of the collection of anyclaim.
(c) It is unlawful for any person conducting a collection agency,within this state, to fail to deposit with a local depository not lessthan one (1) time each week all money due and owing to clientscollected by said person, and keep the same on deposit in suchdepository in a special account until remitted to the clients. It shallbe unlawful for any person to fail to keep a record of the moneycollected and the remittance thereof.
(Formerly: Acts 1937, c.92, s.7; Acts 1955, c.304, s.7.) As amendedby Acts 1982, P.L.154, SEC.42; P.L.178-1996, SEC.6.
IC 25-11-1-8
Rules and regulations
Sec. 8. The secretary of state shall adopt and enforce such rulesand regulations, not in conflict with the provisions of this chapter, asare advisable or necessary to carry out the provisions of this chapter.All money collected under the provisions of this chapter shall bedeposited by the treasurer of state into the general fund of the state.
(Formerly: Acts 1937, c.92, s.8; Acts 1955, c.304, s.8.) As amendedby Acts 1982, P.L.154, SEC.43; P.L.178-1996, SEC.7.
IC 25-11-1-9
Revocation or suspension of license; hearing procedure; violations;investigation; orders and notices; hearing; costs; discovery
Sec. 9. (a) Upon the filing with the secretary of state, by anyinterested person, of a verified written complaint which charges anylicensee hereunder with a specific violation of any of the provisionsof this chapter, the secretary of state shall cause an investigation ofthe complaint to be made. If the investigation shows probable causefor the revocation or suspension of the license, the secretary of stateshall send a written notice to such licensee, stating in such notice thealleged grounds for the revocation or suspension and fixing a timeand place for the hearing thereof. The hearing shall be held not lessthan five (5) days nor more than twenty (20) days from the time ofthe mailing of the notice, unless the parties consent otherwise. Thesecretary of state may subpoena witnesses, books, and records andmay administer oaths. The licensee may appear and defend againstsuch charges in person or by counsel. If upon such hearing thesecretary of state finds the charges to be true, the secretary of stateshall either revoke or suspend the license of the licensee. Suspensionshall be for a time certain and in no event for a longer period thanone (1) year. No license shall be issued to any person whose licensehas been revoked for a period of two (2) years from the date ofrevocation. Reapplication for a license, after revocation as provided,shall be made in the same manner as provided in this chapter for anoriginal application for a license.
(b) Whenever it appears to the secretary of state that a person hasengaged in or is about to engage in an act or practice constituting aviolation of this chapter or a rule or order under this chapter, thesecretary of state may investigate and may issue, with or without aprior hearing, orders and notices as the secretary of state determinesto be in the public interest, including cease and desist orders, ordersto show cause, and notices. After notice and hearing, the secretary ofstate may enter an order of rescission, restitution, or disgorgement,including interest at the rate of eight percent (8%) per year, directedto a person who has violated this chapter or a rule or order under thischapter. In addition to all other remedies, the secretary of state maybring an action in the name of and on behalf of the state against theperson and any other person participating in or about to participatein a violation of this chapter, to enjoin the person from continuing ordoing an act furthering a violation of this chapter and may obtain theappointment of a receiver or conservator. Upon a proper showing bythe secretary of state, the court shall enter an order of rescission,restitution, or disgorgement of the secretary of state directed to aperson who has violated this chapter or a rule or order under thischapter.
(c) Upon the issuance of an order or a notice by the secretary ofstate under subsection (b), the secretary of state shall promptly notifythe respondent of the following:
(1) That the order or notice has been issued.
(2) The reasons the order or notice has been issued. (3) That upon the receipt of a written request the matter will beset for a hearing to commence not less than five (5) days andnot more than twenty (20) days after the secretary of statereceives the request, unless the parties consent otherwise.
If the respondent does not request a hearing and the secretary of statedoes not order a hearing, the order or notice will remain in effectuntil it is modified or vacated by the secretary of state. If a hearingis requested or ordered, the secretary of state, after giving notice ofthe hearing, may modify or vacate the order or extend it until finaldetermination.
(d) In a proceeding in a circuit or superior court under thissection, the secretary of state is entitled to recover all costs andexpenses of investigation to which the securities commissionerwould be entitled in an administrative proceeding underIC 23-19-6-4, and the court shall include the costs in its finaljudgment.
(e) For the purpose of any investigation or proceeding under thischapter, the secretary of state may administer oaths and affirmations,subpoena witnesses, compel their attendance, take evidence, andrequire the production of any books, papers, correspondence,memoranda, agreements, or other documents or records that thesecretary of state considers material to the inquiry.
(f) Upon order of the secretary of state in any hearing, adeposition may be taken of any witness. A deposition under thischapter shall be:
(1) conducted in the manner prescribed by law for depositionsin civil actions; and
(2) made returnable to the secretary of state.
(g) If any person fails to obey a subpoena, the circuit or superiorcourt, upon application by the secretary of state, may issue to theperson an order requiring the person to appear before the secretaryof state to produce documentary evidence, if so ordered, or to giveevidence concerning the matter under investigation.
(h) A person is not excused from:
(1) attending any hearing or testifying before the secretary ofstate; or
(2) producing any document or record;
in obedience to a subpoena of the secretary of state, or in anyproceeding instituted by the secretary of state, on the grounds that thetestimony or evidence, documentary or otherwise, required of theperson may tend to incriminate the person or subject the person to apenalty or forfeiture. However, a person may not be prosecuted orsubjected to any penalty or forfeiture for or on account of anytransaction, matter, or thing about which the person is compelled,after validly claiming the person's privilege againstself-incrimination, to testify or produce evidence, documentary orotherwise.
(Formerly: Acts 1937, c.92, s.9; Acts 1955, c.304, s.9.) As amendedby Acts 1982, P.L.154, SEC.44; P.L.178-1996, SEC.8; P.L.230-2007,SEC.21; P.L.3-2008, SEC.184; P.L.1-2009, SEC.139.
IC 25-11-1-10
Judicial review of revocation, suspension, or refusal to issue license
Sec. 10. Any decision of the secretary of state revoking,suspending, or refusing to issue a license may be appealed to thecircuit or superior court of Marion County or to the circuit orsuperior court of the county in which the licensee operates thealleged offending collection agency, for a trial de novo, and anyjudgment of the court may be appealed therefrom to the supremecourt or the court of appeals, in the same manner as in civil cases, byeither of the parties to the action.
(Formerly: Acts 1937, c.92, s.10; Acts 1955, c.304, s.10.) Asamended by P.L.3-1989, SEC.146.
IC 25-11-1-11
Persons not to be licensed
Sec. 11. No license to operate a collection agency shall be issuedunder the provisions of this chapter to any judge, either appointed orelected, of any court of this state, nor shall any license be issued toany full-time elected or appointed law enforcement officer or anyfull-time deputy appointed by any law enforcement officer. It shallbe unlawful for any judge of any court of this state and any full-timelaw enforcement officer or full-time deputy of such officer to operatea collection agency or to engage in the business of soliciting orcollecting claims. It shall be unlawful for any special or part-timedeputy appointed by any law enforcement officer to use thecredentials and the authority of his office for the purpose ofenforcing the collection of any claim.
(Formerly: Acts 1937, c.92, s.11; Acts 1955, c.304, s.11.) Asamended by Acts 1982, P.L.154, SEC.45.
IC 25-11-1-12
Violations
Sec. 12. (a) A person who violates this chapter commits a ClassB misdemeanor.
(b) The prosecuting attorney of any judicial circuit upon thecomplaint of the secretary of state, shall prosecute all violations ofthis chapter occurring within his jurisdiction.
(Formerly: Acts 1937, c.92, s.12; Acts 1955, c.304, s.12.) Asamended by Acts 1978, P.L.2, SEC.2526.
IC 25-11-1-13
Assignment of accounts to collection agent
Sec. 13. (a) A person who is licensed under this chapter may, forthe purpose of acting as an agent for collection:
(1) receive another person's accounts, bills, or other evidence ofindebtedness;
(2) be the assignee of another person's accounts, bills, or otherevidence of indebtedness; and
(3) at the direction of an assignor or assignors:
(A) employ an attorney to represent an assignee in the filing
of an action to collect a debt in the county of preferred venuefor the action as set forth in Rule 75 of the Indiana Rules ofTrial Procedure; and
(B) advance court costs for the filing of an action to collecta debt.
(b) For purposes of filing one (1) action, an assignee mayconsolidate:
(1) assigned claims against an individual debtor; or
(2) assigned claims against joint debtors.
(c) An action in which claims are consolidated under subsection(b) must be filed in the county of preferred venue as to all allegeddebtors for the action as set forth in Rule 75 of the Indiana Rules ofTrial Procedure.
(d) If an assignee files an action in a county other than the countyof preferred venue as to all alleged debtors, the court upon motionshall order:
(1) the action transferred to the county of preferred venue; and
(2) the assignee to reimburse the person or persons againstwhom the action is filed for attorney's fees necessitated forcorrection of the preferred venue.
As added by P.L.154-1988, SEC.1.
IC 25-11-1-14
Delegation by secretary of state
Sec. 14. The secretary of state may delegate any or all of therights, duties, or obligations of the secretary of state under thischapter to:
(1) the securities commissioner appointed underIC 23-19-6-1(a); or
(2) any other designee under the supervision and control of thesecretary of state.
As added by P.L.230-2007, SEC.22. Amended by P.L.1-2009,SEC.140.
IC 25-11-1-15
Violations; civil penalties; enforcement action; deposit in securitiesdivision enforcement account
Sec. 15. (a) If the secretary of state determines, after notice andopportunity for a hearing, that a person has violated this chapter, thesecretary of state may, in addition to or instead of all other remedies,impose a civil penalty upon the person in an amount not to exceedten thousand dollars ($10,000) for each violation. An appeal from thedecision of the secretary of state imposing a civil penalty under thissubsection may be taken by an aggrieved party under section 16 ofthis chapter.
(b) The secretary of state may bring an action in the circuit orsuperior court of Marion County to enforce payment of any penaltyimposed under subsection (a).
(c) Penalties collected under this section shall be deposited in thesecurities division enforcement account established under
IC 23-19-6-1(f).
As added by P.L.230-2007, SEC.23. Amended by P.L.1-2009,SEC.141.
IC 25-11-1-16
Appeals
Sec. 16. (a) An appeal may be taken from a final order of thesecretary of state under this chapter as follows:
(1) By an applicant for a license under this chapter, from a finalorder of the secretary of state concerning the application.
(2) By a licensee, from a final order of the secretary of stateaffecting the licensee's license under this chapter.
(3) By any person against whom a civil penalty is imposedunder section 15 of this chapter, from the final order of thesecretary of state imposing the civil penalty.
(4) By any person who is named as a respondent in aninvestigation or a proceeding under section 9 of this chapter,from a final order of the secretary of state under section 9 ofthis chapter. An appeal under this subdivision may be taken in:
(A) the circuit or superior court of Marion County; or
(B) the circuit or superior court of the county in which theappellant resides or maintains a place of business.
(b) A person who seeks to appeal an order of the secretary of stateunder this section must serve the secretary of state with the followingnot later than twenty (20) days after the entry of the order:
(1) A written notice of the appeal stating:
(A) the court in which the appeal will be taken; and
(B) the grounds on which a reversal of the secretary of state'sfinal order is sought.
(2) A written demand from the appellant for:
(A) a certified transcript of the record; and
(B) all papers on file in the secretary of state's office;
concerning the order from which the appeal is being taken.
(3) A bond in the penal sum of five hundred dollars ($500)payable to the state with sufficient surety to be approved by thesecretary of state, conditioned upon:
(A) the faithful prosecution of the appeal to final judgment;and
(B) the payment of all costs that are adjudged against theappellant.
(c) Not later than ten (10) days after the secretary of state isserved with the items described in subsection (b), the secretary ofstate shall make, certify, and deliver to the appellant the transcriptdescribed in subsection (b)(2)(A). Not later than five (5) days afterthe appellant receives the transcript under this subsection, theappellant shall file the transcript and a copy of the notice of appealwith the clerk of the court. The notice of appeal serves as theappellant's complaint. The secretary of state may appear before thecourt, file any motion or pleading in the matter, and form the issue.The cause shall be entered on the court's calendar to be heard de
novo and shall be given precedence over all matters pending in thecourt.
(d) The court shall receive and consider any pertinent oral orwritten evidence concerning the order of the secretary of state fromwhich the appeal is taken. If the order of the secretary of state isreversed, the court shall in its mandate specifically direct thesecretary of state as to the secretary of state's further action in thematter. The secretary of state is not barred from revoking or alteringthe order for any proper cause that accrues or is discovered after theorder is entered. If the order is affirmed, the appellant may, afterthirty (30) days from the date the order is affirmed, file a newapplication for a license under this chapter if the application is nototherwise barred or limited. During the pendency of the appeal, theorder from which the appeal is taken is not suspended but remains ineffect unless otherwise ordered by the court. An appeal may be takenfrom the judgment of the court on the same terms and conditions asan appeal is taken in civil actions.
(e) IC 4-21.5 does not apply to a proceeding under this chapter.
As added by P.L.230-2007, SEC.24.