CHAPTER 7. REPRESENTATION BY ATTORNEY GENERAL
IC 33-26-7
Chapter 7. Representation by Attorney General
IC 33-26-7-1
Representation of local officials by private attorney; attorneygeneral approval
Sec. 1. Subject to IC 4-6-2-11, IC 4-6-5-3, and the writtenapproval of the attorney general, a township assessor, a countyassessor, a county auditor, a member of a county property taxassessment board of appeals, or a county property tax assessmentboard of appeals that:
(1) made an original determination that is the subject of ajudicial proceeding in the tax court; and
(2) is a defendant in a judicial proceeding in the tax court;
may elect to be represented in the judicial proceeding by an attorneyselected and paid by the defendant, the township, or the county.
As added by P.L.98-2004, SEC.5. Amended by P.L.154-2006,SEC.70.
IC 33-26-7-2
Discovery
Sec. 2. Notwithstanding representation by the office of theattorney general, the duty of discovery is on the parties to the judicialproceeding.
As added by P.L.98-2004, SEC.5.
IC 33-26-7-3
Discovery; production of documents from administrative law judge
Sec. 3. Discovery conducted under section 2 of this chapter islimited to production of documents from the administrative lawjudge presiding over the review under IC 6-1.1-15-3. Theadministrative law judge may not be summoned to testify before thetax court unless verified proof is offered to the tax court that theimpartiality of the administrative law judge was compromisedconcerning the review.
As added by P.L.98-2004, SEC.5.
IC 33-26-7-4
Relief
Sec. 4. A township assessor, a county assessor, a county auditor,a member of a county property tax assessment board of appeals, ora county property tax assessment board of appeals:
(1) may seek relief from the tax court to establish that theIndiana board of tax review rendered a decision that was:
(A) an abuse of discretion;
(B) arbitrary and capricious;
(C) contrary to substantial or reliable evidence; or
(D) contrary to law; and
(2) may not be represented by the office of the attorney generalin an action initiated under subdivision (1).As added by P.L.98-2004, SEC.5.