CHAPTER 5.5. FALSE CLAIMS AND WHISTLEBLOWER PROTECTION
IC 5-11-5.5
Chapter 5.5. False Claims and Whistleblower Protection
IC 5-11-5.5-1
Definitions
Sec. 1. The following definitions apply throughout this chapter:
(1) "Claim" means a request or demand for money or propertythat is made to a contractor, grantee, or other recipient if thestate:
(A) provides any part of the money or property that isrequested or demanded; or
(B) will reimburse the contractor, grantee, or other recipientfor any part of the money or property that is requested ordemanded.
(2) "Documentary material" means:
(A) the original or a copy of a book, record, report,memorandum, paper, communication, tabulation, chart, orother document;
(B) a data compilation stored in or accessible throughcomputer or other information retrieval systems, togetherwith instructions and all other materials necessary to use orinterpret the data compilations; and
(C) a product of discovery.
(3) "Investigation" means an inquiry conducted by aninvestigator to ascertain whether a person is or has beenengaged in a violation of this chapter.
(4) "Knowing", "knowingly", or "known" means that a person,regarding information:
(A) has actual knowledge of the information;
(B) acts in deliberate ignorance of the truth or falsity of theinformation; or
(C) acts in reckless disregard of the truth or falsity of theinformation.
(5) "Person" includes a natural person, a corporation, a firm, anassociation, an organization, a partnership, a limited liabilitycompany, a business, or a trust.
(6) "Product of discovery" means the original or duplicate of:
(A) a deposition;
(B) an interrogatory;
(C) a document;
(D) a thing;
(E) a result of the inspection of land or other property; or
(F) an examination or admission;
that is obtained by any method of discovery in a judicial or anadministrative proceeding of an adversarial nature. The termincludes a digest, an analysis, a selection, a compilation, aderivation, an index, or another method of accessing an itemlisted in this subdivision.
(7) "State" means Indiana or any agency of state government.The term does not include a political subdivision.As added by P.L.222-2005, SEC.23. Amended by P.L.79-2007,SEC.1.
IC 5-11-5.5-2
False claims; civil penalty; reduced penalty for certain disclosures
Sec. 2. (a) This section does not apply to a claim, record, orstatement concerning income tax (IC 6-3).
(b) A person who knowingly or intentionally:
(1) presents a false claim to the state for payment or approval;
(2) makes or uses a false record or statement to obtain paymentor approval of a false claim from the state;
(3) with intent to defraud the state, delivers less money orproperty to the state than the amount recorded on the certificateor receipt the person receives from the state;
(4) with intent to defraud the state, authorizes issuance of areceipt without knowing that the information on the receipt istrue;
(5) receives public property as a pledge of an obligation on adebt from an employee who is not lawfully authorized to sell orpledge the property;
(6) makes or uses a false record or statement to avoid anobligation to pay or transmit property to the state;
(7) conspires with another person to perform an act describedin subdivisions (1) through (6); or
(8) causes or induces another person to perform an actdescribed in subdivisions (1) through (6);
is, except as provided in subsection (c), liable to the state for a civilpenalty of at least five thousand dollars ($5,000) and for up to three(3) times the amount of damages sustained by the state. In addition,a person who violates this section is liable to the state for the costsof a civil action brought to recover a penalty or damages.
(c) If the factfinder determines that the person who violated thissection:
(1) furnished state officials with all information known to theperson about the violation not later than thirty (30) days afterthe date on which the person obtained the information;
(2) fully cooperated with the investigation of the violation; and
(3) did not have knowledge of the existence of an investigation,a criminal prosecution, a civil action, or an administrativeaction concerning the violation at the time the person providedinformation to state officials;
the person is liable for a penalty of not less than two (2) times theamount of damages that the state sustained because of the violation.A person who violates this section is also liable to the state for thecosts of a civil action brought to recover a penalty or damages.
As added by P.L.222-2005, SEC.23.
IC 5-11-5.5-3
Duties of inspector general and attorney general; concurrentjurisdiction to investigate; civil actions; when inspector general
may bring a civil action; venue
Sec. 3. (a) The:
(1) attorney general; and
(2) inspector general;
have concurrent jurisdiction to investigate a violation of section 2 ofthis chapter.
(b) If the attorney general discovers a violation of section 2 of thischapter, the attorney general may bring a civil action under thischapter against a person who may be liable for the violation.
(c) If the inspector general discovers a violation of section 2 ofthis chapter, the inspector general shall certify this finding to theattorney general. The attorney general may bring a civil action underthis chapter against a person who may be liable for the violation.
(d) If the attorney general or the inspector general is served by aperson who has filed a civil action under section 4 of this chapter, theattorney general has the authority to intervene in that action as setforth in section 4 of this chapter.
(e) If the attorney general:
(1) is disqualified from investigating a possible violation ofsection 2 of this chapter;
(2) is disqualified from bringing a civil action concerning apossible violation of section 2 of this chapter;
(3) is disqualified from intervening in a civil action broughtunder section 4 of this chapter concerning a possible violationof section 2 of this chapter;
(4) elects not to bring a civil action concerning a possibleviolation of section 2 of this chapter; or
(5) elects not to intervene under section 4 of this chapter;
the attorney general shall certify the attorney general'sdisqualification or election to the inspector general.
(f) If the attorney general has certified the attorney general'sdisqualification or election not to bring a civil action or intervene ina case under subsection (e), the inspector general has authority to:
(1) bring a civil action concerning a possible violation ofsection 2 of this chapter; or
(2) intervene in a case under section 4 of this chapter.
(g) The attorney general shall certify to the inspector general theattorney general's disqualification or election under subsection (e) ina timely fashion, and in any event not later than:
(1) sixty (60) days after being served, if the attorney general hasbeen served by a person who has filed a civil action undersection 4 of this chapter; or
(2) one hundred eighty (180) days before the expiration of thestatute of limitations, if the attorney general has not been servedby a person who has filed a civil action under section 4 of thischapter.
(h) A civil action brought under section 4 of this chapter may befiled in:
(1) a circuit or superior court in Marion county; or
(2) a circuit or superior court in the county in which a defendant
or plaintiff resides.
(i) The state is not required to file a bond under this chapter.
As added by P.L.222-2005, SEC.23.
IC 5-11-5.5-4
Civil action brought by person on behalf of state; dismissal; serviceon inspector general and attorney general; intervention byinspector general or attorney general; extension of time
Sec. 4. (a) A person may bring a civil action for a violation ofsection 2 of this chapter on behalf of the person and on behalf of thestate. The action:
(1) must be brought in the name of the state; and
(2) may be filed in a circuit or superior court in:
(A) the county in which the person resides;
(B) the county in which a defendant resides; or
(C) Marion County.
(b) Except as provided in section 5 of this chapter, an actionbrought under this section may be dismissed only if:
(1) the attorney general or the inspector general, if applicable,files a written motion to dismiss explaining why dismissal isappropriate; and
(2) the court issues an order:
(A) granting the motion; and
(B) explaining the court's reasons for granting the motion.
(c) A person who brings an action under this section shall serve:
(1) a copy of the complaint; and
(2) a written disclosure that describes all relevant materialevidence and information the person possesses;
on both the attorney general and the inspector general. The personshall file the complaint under seal, and the complaint shall remainunder seal for at least one hundred twenty (120) days. The complaintshall not be served on the defendant until the court orders thecomplaint served on the defendant following the intervention or theelection not to intervene of the attorney general or the inspectorgeneral. The state may elect to intervene and proceed with the actionnot later than one hundred twenty (120) days after it receives boththe complaint and the written disclosure.
(d) For good cause shown, the attorney general or the inspectorgeneral may move the court to extend the time during which thecomplaint must remain under seal. A motion for extension may besupported by an affidavit or other evidence. The affidavit or otherevidence may be submitted in camera.
(e) Before the expiration of the time during which the complaintis sealed, the attorney general or the inspector general may:
(1) intervene in the case and proceed with the action, in whichcase the attorney general or the inspector general shall conductthe action; or
(2) elect not to proceed with the action, in which case theperson who initially filed the complaint may proceed with theaction. (f) The defendant in an action filed under this section is notrequired to answer the complaint until twenty-one (21) days after thecomplaint has been unsealed and served on the defendant.
(g) After a person has filed a complaint under this section, noperson other than the attorney general or the inspector general may:
(1) intervene; or
(2) bring another action based on the same facts.
(h) If the person who initially filed the complaint:
(1) planned and initiated the violation of section 2 of thischapter; or
(2) has been convicted of a crime related to the person'sviolation of section 2 of this chapter;
upon motion of the attorney general or the inspector general, thecourt shall dismiss the person as a plaintiff.
As added by P.L.222-2005, SEC.23.
IC 5-11-5.5-5
Responsibilities of inspector general or attorney general asintervenors in civil action; venue; complainant as party; dismissal;limitations on complainant's participation; alternative proceedings
Sec. 5. (a) If the attorney general or the inspector generalintervenes in an action under section 4 of this chapter, the attorneygeneral or the inspector general is responsible for prosecuting theaction and is not bound by an act of the person who initially filed thecomplaint. The attorney general or the inspector general may movefor a change of venue to Marion County if the attorney general or theinspector general files a motion for change of venue not later than ten(10) days after the attorney general or the inspector generalintervenes. Except as provided in this section, the person whoinitially filed the complaint may continue as a party to the action.
(b) The attorney general or the inspector general may dismiss theaction after:
(1) notifying the person who initially filed the complaint; and
(2) the court has conducted a hearing at which the person whoinitially filed the complaint was provided the opportunity to beheard on the motion.
(c) The attorney general or the inspector general may settle theaction if a court determines, after a hearing, that the proposedsettlement is fair, adequate, and reasonable in light of thecircumstances. Upon a showing of good cause, the court may:
(1) conduct the settlement hearing in camera; or
(2) lift all or part of the seal to facilitate the investigativeprocess or settlement.
The court may consider an objection to the settlement brought by theperson who initially filed the complaint, but is not bound by thisobjection.
(d) Upon a showing by the attorney general, the inspector general,or the defendant that unrestricted participation by the person whoinitially filed the complaint:
(1) will interfere with the prosecution of the case by the
attorney general or the inspector general; or
(2) will involve the presentation of repetitious or irrelevantevidence, or evidence introduced for purposes of harassment;
the court may impose reasonable limitations on the person'sparticipation, including a limit on the number of witnesses that theperson may call, a limit to the amount and type of evidence that theperson may introduce, a limit to the length of testimony that theperson's witness may present, and a limit to the person'scross-examination of a witness.
(e) If the attorney general or the inspector general elects not tointervene in the action, the person who initially filed the complainthas the right to prosecute the action. Upon request, the attorneygeneral or the inspector general shall be served with copies of alldocuments filed in the action and may obtain a copy of depositionsand other transcripts at the state's expense.
(f) If the attorney general and the inspector general have electednot to intervene in an action in accordance with section 4 of thischapter, upon a showing of good cause, a court may permit either theattorney general or the inspector general to intervene at a later time.The attorney general may move to intervene at any time. If theattorney general has not moved to intervene, the inspector generalmay move to intervene by providing written notice to the attorneygeneral of the inspector general's intent to intervene. If the attorneygeneral does not move to intervene earlier than fifteen (15) days afterreceipt of the notice of intent to intervene, the inspector general maymove to intervene. If the attorney general or the inspector generalintervenes under this subsection, the attorney general or the inspectorgeneral is responsible for prosecuting the action as if the attorneygeneral or the inspector general had intervened in accordance withsection 4 of this chapter.
(g) If the attorney general or inspector general shows that aspecific discovery action by the person who initially filed thecomplaint will interfere with the investigation or prosecution of acivil or criminal matter arising out of the same facts, the court may,following a hearing in camera, stay discovery for not more than sixty(60) days. After the court has granted a sixty (60) day stay, the courtmay extend the stay, following a hearing in camera, if it determinesthat the state has pursued the civil or criminal investigation withreasonable diligence and that a specific discovery action by theperson who initially filed the complaint will interfere with the state'sinvestigation or prosecution of the civil or criminal matter.
(h) A court may dismiss an action brought under this chapter topermit the attorney general or the inspector general to pursue itsclaim through an alternative proceeding, including an administrativeproceeding or a proceeding brought in another jurisdiction. Theperson who initially filed the complaint has the same rights in thealternative proceedings as the person would have had in the originalproceedings. A finding of fact or conclusion of law made in thealternative proceeding is binding on all parties to an action under thissection once the determination made in the alternative proceeding is
final under the rules, regulations, statutes, or law governing thealternative proceeding, or if the time for seeking an appeal or reviewof the determination made in the alternative proceeding has elapsed.
As added by P.L.222-2005, SEC.23.
IC 5-11-5.5-6
Compensation to complainant; exceptions and modifications
Sec. 6. (a) The person who initially filed the complaint is entitledto the following amounts if the state prevails in the action:
(1) Except as provided in subdivision (2), if the attorney generalor the inspector general intervened in the action, the person isentitled to receive at least fifteen percent (15%) and not morethan twenty-five percent (25%) of the proceeds of the action orsettlement, plus reasonable attorney's fees and an amount tocover the expenses and costs of bringing the action.
(2) If the attorney general or the inspector general intervened inthe action and the court finds that the evidence used toprosecute the action consisted primarily of specific informationcontained in:
(A) a transcript of a criminal, a civil, or an administrativehearing;
(B) a legislative, an administrative, or another public report,hearing, audit, or investigation; or
(C) a news media report;
the person is entitled to receive not more than ten percent (10%)of the proceeds of the action or settlement, plus reasonableattorney's fees and an amount to cover the expenses and costsof bringing the action.
(3) If the attorney general or the inspector general did notintervene in the action, the person is entitled to receive at leasttwenty-five percent (25%) and not more than thirty percent(30%) of the proceeds of the action or settlement, plusreasonable attorney's fees and an amount to cover the expensesand costs of bringing the action.
(4) If the person who initially filed the complaint:
(A) planned and initiated the violation of section 2 of thischapter; or
(B) has been convicted of a crime related to the person'sviolation of section 2 of this chapter;
the person is not entitled to an amount under this section.
After conducting a hearing at which the attorney general or theinspector general and the person who initially filed the complaintmay be heard, the court shall determine the specific amount to beawarded under this section to the person who initially filed thecomplaint. The award of reasonable attorney's fees plus an amountto cover the expenses and costs of bringing the action is an additionalcost assessed against the defendant and may not be paid from theproceeds of the civil action.
(b) If:
(1) the attorney general or the inspector general did not
intervene in the action; and
(2) the defendant prevails;
the court may award the defendant reasonable attorney's fees plus anamount to cover the expenses and costs of defending the action, if thecourt finds that the action is frivolous.
(c) The state is not liable for the expenses, costs, or attorney's feesof a party to an action brought under this chapter.
As added by P.L.222-2005, SEC.23.
IC 5-11-5.5-7
Lack of jurisdiction over certain civil actions brought by individual
Sec. 7. (a) This section does not apply to an action brought by:
(1) the attorney general;
(2) the inspector general;
(3) a prosecuting attorney; or
(4) a state employee in the employee's official capacity.
(b) A court does not have jurisdiction over an action broughtunder section 4 of this chapter that is based on informationdiscovered by a present or former state employee in the course of theemployee's employment, unless:
(1) the employee, acting in good faith, has exhausted existinginternal procedures for reporting and recovering the amountowed the state; and
(2) the state has failed to act on the information reported by theemployee within a reasonable amount of time.
(c) A court does not have jurisdiction over an action broughtunder section 4 of this chapter if the action is brought by anincarcerated offender, including an offender incarcerated in anotherjurisdiction.
(d) A court does not have jurisdiction over an action broughtunder section 4 of this chapter against the state, a state officer, ajudge (as defined in IC 33-23-11-7), a justice, a member of thegeneral assembly, a state employee, or an employee of a politicalsubdivision, if the action is based on information known to the stateat the time the action was brought.
(e) A court does not have jurisdiction over an action broughtunder section 4 of this chapter if the action is based upon an act thatis the subject of a civil suit, a criminal prosecution, or anadministrative proceeding in which the state is a party.
(f) A court does not have jurisdiction over an action brought undersection 4 of this chapter if the action is based upon informationcontained in:
(1) a transcript of a criminal, a civil, or an administrativehearing;
(2) a legislative, an administrative, or another public report,hearing, audit, or investigation; or
(3) a news media report;
unless the person bringing the action has direct and independentknowledge of the information that is the basis of the action, and theperson bringing the action has voluntarily provided this information
to the state.
As added by P.L.222-2005, SEC.23. Amended by P.L.1-2006,SEC.98.
IC 5-11-5.5-8
Relief for whistleblowers
Sec. 8. (a) An employee who has been discharged, demoted,suspended, threatened, harassed, or otherwise discriminated againstin the terms and conditions of employment by the employee'semployer because the employee:
(1) objected to an act or omission described in section 2 of thischapter; or
(2) initiated, testified, assisted, or participated in aninvestigation, an action, or a hearing under this chapter;
is entitled to all relief necessary to make the employee whole.
(b) Relief under this section may include:
(1) reinstatement with the same seniority status the employeewould have had but for the act described in subsection (a);
(2) two (2) times the amount of back pay owed the employee;
(3) interest on the back pay owed the employee; and
(4) compensation for any special damages sustained as a resultof the act described in subsection (a), including costs andexpenses of litigation and reasonable attorney's fees.
(c) An employee may bring an action for the relief provided inthis section in any court with jurisdiction.
As added by P.L.222-2005, SEC.23.
IC 5-11-5.5-9
Service of subpoena; statute of limitations; burden of proof;estoppel
Sec. 9. (a) A subpoena requiring the attendance of a witness at atrial or hearing conducted under this chapter may be served at anyplace in the state.
(b) A civil action under section 4 of this chapter is barred unlessit is commenced:
(1) not later than six (6) years after the date on which theviolation is committed; or
(2) not later than three (3) years after the date when factsmaterial to the cause of action are discovered or reasonablyshould have been discovered by a state officer or employee whois responsible for addressing the false claim. However, anaction is barred unless it is commenced not later than ten (10)years after the date on which the violation is committed.
(c) In a civil action brought under this chapter, the state isrequired to establish:
(1) the essential elements of the offense; and
(2) damages;
by a preponderance of the evidence.
(d) If a defendant has been convicted (including a plea of guiltyor nolo contendere) of a crime involving fraud or a false statement,
the defendant is estopped from denying the elements of the offensein a civil action brought under section 4 of this chapter that involvesthe same transaction as the criminal prosecution.
As added by P.L.222-2005, SEC.23.
IC 5-11-5.5-10
Civil investigative demands; procedure
Sec. 10. (a) If the attorney general or the inspector general hasreason to believe that a person may be in possession, custody, orcontrol of documentary material or information relevant to aninvestigation involving a false claim, the attorney general or theinspector general may, before commencing a civil proceeding underthis chapter, issue and serve a civil investigative demand requiringthe person to do one (1) or more of the following:
(1) Produce the documentary material for inspection andcopying.
(2) Answer an interrogatory in writing concerning thedocumentary material or information.
(3) Give oral testimony concerning the documentary material orinformation.
(b) If a civil investigative demand is a specific demand for aproduct of discovery, the official issuing the civil investigativedemand shall:
(1) serve a copy of the civil investigative demand on the personfrom whom the discovery was obtained; and
(2) notify the person to whom the civil investigative demand isissued of the date of service.
As added by P.L.222-2005, SEC.23.
IC 5-11-5.5-11
Civil investigative demands; specificity and contents; time periods
Sec. 11. (a) A civil investigative demand issued under this chaptermust describe the conduct constituting a violation involving a falseclaim that is under investigation and the statute or rule that has beenviolated.
(b) If a civil investigative demand is for the production ofdocumentary material, the civil investigative demand must:
(1) describe each class of documentary material to be producedwith sufficient specificity to permit the material to be fairlyidentified;
(2) prescribe a return date for each class of documentarymaterial that provides a reasonable period of time to assembleand make the material available for inspection and copying; and
(3) identify the official to whom the material must be madeavailable.
(c) If a civil investigative demand is for answers to writteninterrogatories, the civil investigative demand must:
(1) set forth with specificity the written interrogatories to beanswered;
(2) prescribe the date by which answers to the written
interrogatories must be submitted; and
(3) identify the official to whom the answers must be submitted.
(d) If a civil investigative demand requires oral testimony, thecivil investigative demand must:
(1) prescribe a date, time, and place at which oral testimony willbe given;
(2) identify the official who will conduct the examination andthe custodian to whom the transcript of the examination will besubmitted;
(3) specifically state that attendance and testimony arenecessary to the conduct of the investigation;
(4) notify the person receiving the demand that the person hasthe right to be accompanied by an attorney and any otherrepresentative; and
(5) describe the general purpose for which the demand is beingissued and the general nature of the testimony, including theprimary areas of inquiry.
(e) A civil investigative demand that is a specific demand for aproduct of discovery may not be returned until at least twenty-one(21) days after a copy of the civil investigative demand has beenserved on the person from whom the discovery was obtained.
(f) The date prescribed for the giving of oral testimony under acivil investigative demand issued under this chapter must be a datethat is not less than seven (7) days after the date on which thedemand is received, unless the official issuing the demanddetermines that exceptional circumstances are present that require anearlier date.
(g) The official who issues a civil investigative demand may notissue more than one (1) civil investigative demand for oral testimonyby the same person, unless:
(1) the person requests otherwise; or
(2) the official who issues a civil investigative demand, afterconducting an investigation, notifies the person in writing thatan additional civil investigative demand for oral testimony isnecessary.
As added by P.L.222-2005, SEC.23.
IC 5-11-5.5-12
Civil investigative demands; protections from disclosure;objections
Sec. 12. (a) A civil investigative demand issued under this chaptermay not require the production of any documentary material, thesubmission of any answers to written interrogatories, or the giving ofany oral testimony if the material, answers, or testimony would beprotected from disclosure under the standards applicable:
(1) to a subpoena or subpoena duces tecum issued by a court toaid in a grand jury investigation; or
(2) to a discovery request under the rules of trial procedure;
to the extent that the application of these standards to a civilinvestigative demand is consistent with the purposes of this chapter. (b) A civil investigative demand that is a specific demand for aproduct of discovery supersedes any contrary order, rule, or statutoryprovision, other than this section, that prevents or restricts disclosureof the product of discovery. Disclosure of a product of discoveryunder a specific demand does not constitute a waiver of a right orprivilege that the person making the disclosure may be otherwiseentitled to invoke to object to discovery of trial preparation materials.
As added by P.L.222-2005, SEC.23.
IC 5-11-5.5-13
Civil investigative demands; service
Sec. 13. (a) A civil investigative demand issued under this chaptermay be served by an investigator or by any other person authorizedto serve process.
(b) A civil investigative demand shall be served in accordancewith the rules of trial procedure. A court having jurisdiction over aperson not located in the state has the same authority to enforcecompliance with this chapter as the court has over a person locatedin the state.
As added by P.L.222-2005, SEC.23.
IC 5-11-5.5-14
Civil investigative demands; response
Sec. 14. (a) The production of documentary material in responseto a civil investigative demand served under this chapter shall bemade in accordance with Trial Rule 34.
(b) Each interrogatory in a civil investigative demand servedunder this chapter shall be answered in accordance with Trial Rule33.
(c) The examination of a person under a civil investigativedemand for oral testimony served under this chapter shall beconducted in accordance with Trial Rule 30.
As added by P.L.222-2005, SEC.23.
IC 5-11-5.5-15
Civil investigative demands; possession of responses andtranscripts; examination of responses
Sec. 15. (a) The official who issued the civil investigative demandis the custodian of the documentary material, answers tointerrogatories, and transcripts of oral testimony received under thischapter.
(b) An investigator who receives documentary material, answersto interrogatories, or transcripts of oral testimony under this sectionshall transmit them to the official who issued the civil investigativedemand. The official shall take physical possession of the material,answers, or transcripts and is responsible for the use made of themand for the return of documentary material.
(c) The official who issued the civil investigative demand maymake copies of documentary material, answers to interrogatories, ortranscripts of oral testimony as required for official use by the
attorney general, the inspector general, or the state police. Thematerial, answers, or transcripts may be used in connection with thetaking of oral testimony under this chapter.
(d) Except as provided in subsection (e), documentary material,answers to interrogatories, or transcripts of oral testimony, while inthe possession of the official who issued the civil investigativedemand, may not be made available for examination to any personother than:
(1) the attorney general or designated personnel of the attorneygeneral's office;
(2) the inspector general or designated personnel of theinspector general's office; or
(3) an officer of the state police who has been authorized by theofficial who issued the civil investigative demand.
(e) The restricted availability of documentary material, answersto interrogatories, or transcripts of oral testimony does not apply:
(1) if the person who provided:
(A) the documentary material, answers to interrogatories, ororal testimony; or
(B) a product of discovery that includes documentarymaterial, answers to interrogatories, or oral testimony;
consents to disclosure;
(2) to the general assembly or a committee or subcommittee ofthe general assembly; or
(3) to a state agency that requires the information to carry outits statutory responsibility.
Documentary material, answers to interrogatories, or transcripts oforal testimony requested by a state agency may be disclosed onlyunder a court order finding that the state agency has a substantialneed for the use of the information in carrying out its statutoryresponsibility.
(f) While in the possession of the official who issued the civilinvestigative demand, documentary material, answers tointerrogatories, or transcripts of oral testimony shall be madeavailable to the person, or to the representative of the person whoproduced the material, answered the interrogatories, or gave oraltestimony. The official who issued the civil investigative demandmay impose reasonable conditions upon the examination or use ofthe documentary material, answers to interrogatories, or transcriptsof oral testimony.
(g) The official who issued the civil investigative demand and anyattorney employed in the same office as the official who issued thecivil investigative demand may use the documentary material,answers to interrogatories, or transcripts of oral testimony inconnection with a proceeding before a grand jury, a court, or anagency. Upon the completion of the proceeding, the attorney shallreturn to the official who issued the civil investigative demand anydocumentary material, answers to interrogatories, or transcripts oforal testimony that are not under the control of the grand jury, court,or agency. (h) Upon written request of a person who produced documentarymaterial in response to a civil investigative demand, the official whoissued the civil investigative demand shall return any documentarymaterial in the official's possession to the person who produceddocumentary material, if:
(1) a proceeding before a grand jury, a court, or an agencyinvolving the documentary material has been completed; or
(2) a proceeding before a grand jury, a court, or an agencyinvolving the documentary material has not been commencedwithin a reasonable time after the completion of theinvestigation.
The official who issued the civil investigative demand is not requiredto return documentary material that is in the custody of a grand jury,a court, or an agency.
As added by P.L.222-2005, SEC.23. Amended by P.L.1-2006,SEC.99.
IC 5-11-5.5-16
Civil investigative demands; sanctions for failure to comply;protective orders
Sec. 16. (a) A person who has failed to comply with a civilinvestigative demand is subject to sanctions under Trial Rule 37 tothe same extent as a person who has failed to cooperate in discovery.
(b) A person who objects to a civil investigative demand issuedunder this chapter may seek a protective order in accordance withTrial Rule 26(C).
As added by P.L.222-2005, SEC.23.
IC 5-11-5.5-17
Civil investigative demands; confidentiality of responses
Sec. 17. Documentary material, answers to written interrogatories,or oral testimony provided in response to a civil investigativedemand issued under this chapter are confidential.
As added by P.L.222-2005, SEC.23.
IC 5-11-5.5-18
Application of Indiana Rules of Trial Procedure
Sec. 18. Proceedings under this chapter are governed by theIndiana Rules of Trial Procedure, unless the Indiana Rules of TrialProcedure are inconsistent with this chapter.
As added by P.L.222-2005, SEC.23.