IC 25-28.5-2-1 Establishment of fund; investments; interest
Sec. 1. (a) The plumbers recovery fund is established for the
purpose set out in this chapter. The fund shall be administered by the
plumbing commission.
(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(c) Money in the fund at the end of a state fiscal year does not
revert to the state general fund, except as provided in section 2.2 of
this chapter. As added by P.L.260-1987, SEC.1. Amended by P.L.143-1990,
SEC.5.
IC 25-28.5-2-2 Surcharge; formula; assessments
Sec. 2. (a) If the total amount in the plumbers recovery fund
(including principal and interest) plus estimated revenues from the
fee assessed under section 2.1 of this chapter from July 1 of the
current year through June 30 of the next year will be less than three
hundred thirty thousand dollars ($330,000) on June 30 in an
odd-numbered year after the payment of all claims and expenses, the
plumbing commission shall assess a surcharge according to the
following formula in order to maintain the fund at an approximate
level of four hundred thousand dollars ($400,000):
STEP ONE: Determine the amount remaining in the fund on
June 30 of the current year after all expenses and claims have
been paid.
STEP TWO: Add to the amount determined under STEP ONE
the amount of revenue estimated from the fee assessed under
section 2.1 of this chapter from July 1 of the current year
through June 30 of the next year.
STEP THREE: Subtract the amount determined under STEP
TWO from four hundred thousand dollars ($400,000).
STEP FOUR: Determine the number of plumbing contractors
who had licenses in effect on June 30 of the current year.
STEP FIVE: Divide the number determined under STEP
THREE by the number determined under STEP FOUR.
(b) The plumbing commission shall assess the surcharge described
in subsection (a) against each plumbing contractor who:
(1) receives an initial license; or
(2) receives a renewal license.
(c) The plumbing commission shall assess the surcharge described
in subsection (a) for the two (2) year period beginning on July 1 of
the current year through June 30 of the next odd-numbered year.
(d) The surcharge assessed under this section is in addition to any
other fee under this article. As added by P.L.260-1987, SEC.1. Amended by P.L.143-1990,
SEC.6.
IC 25-28.5-2-2.1 Licensing fee
Sec. 2.1. (a) At the time of initial licensure under this article, each
licensee shall pay the fees established by the commission under
IC 25-1-8-2 for the following:
(1) A plumbing contractor.
(2) A journeyman plumber.
(b) Fees collected under subsection (a) shall be placed in the
plumbers recovery fund.
(c) The fee assessed under this section is in addition to any other
fee under this article. As added by P.L.143-1990, SEC.7. Amended by P.L.194-2005,
SEC.73.
IC 25-28.5-2-2.2 Reversion of excess funds
Sec. 2.2. If the total amount in the plumbing recovery fund
(including principal and interest) exceeds five hundred fifty thousand
dollars ($550,000) at the end of a state fiscal year after the payment
of all claims and expenses, the amount in excess of five hundred fifty
thousand dollars ($550,000) reverts to the state general fund. As added by P.L.143-1990, SEC.8.
IC 25-28.5-2-3 Interest on investments; payment of expenses
Sec. 3. Any interest earned on investment of money in the
plumbers recovery fund shall be credited at least annually to the
fund. No money may be appropriated from the state general fund for
payment of any expenses incurred under this chapter, and none of
these expenses may be charged against the state. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-4 Applications for orders directing payment out of fund; amount of
loss; limitation on recovery
Sec. 4. (a) If any aggrieved person obtains a final judgment in any
court against any plumbing contractor to recover damages for a
violation under IC 25-1-11 or the plumbing codes of the state (with
or without a finding by the Indiana plumbing commission) that
results in an actual cash loss to the aggrieved person, the person may,
upon termination of all proceedings, including appeals and
proceedings supplemental to judgment for collection purposes, file
a verified application in the court in which the judgment was entered
for an order directing payment out of the plumbers recovery fund of
the amount of actual and direct loss in the transaction that remains
unpaid upon the judgment. The amount of actual and direct loss may
include court costs but may not include attorney's fees or punitive
damages awarded. The amount that may be paid from the plumbers
recovery fund may not exceed twenty thousand dollars ($20,000) per
judgment and an aggregate lifetime limit of fifty thousand dollars
($50,000) with respect to any one (1) licensee.
(b) This section applies only to a final judgment that awards
damages for an act by the plumbing contractor described in
subsection (a) that arises directly out of any transaction:
(1) that occurred when the plumbing contractor was licensed;
(2) for which a license was required under IC 25-28.5; and
(3) that occurred after December 31, 1987. As added by P.L.260-1987, SEC.1. Amended by P.L.214-1993,
SEC.63.
IC 25-28.5-2-5 Claims exceeding dollar limitations; joinder of claims; payment of
claims; insufficient funds
Sec. 5. (a) If the payment in full of two (2) or more pending valid
claims that have been filed by aggrieved persons against a single
plumbing contractor would exceed the fifty thousand dollar
($50,000) limit set forth in section 4 of this chapter, the fifty
thousand dollars ($50,000) shall be distributed among the aggrieved
persons in the ratio that their respective claims bear to the aggregate
of all valid claims or in any other manner that a court of record may
determine equitable. This money shall be distributed among the
persons entitled to share in it without regard to the order of priority
in which their respective judgments have been obtained or their
claims have been filed.
(b) Upon petition of the commission, the court may require all
claimants and prospective claimants against a single plumbing
contractor to be joined in one (1) action, to the end that the
respective rights of all the claimants to the commission may be
equitably adjudicated and settled.
(c) On June 30 and December 31 of each year, the plumbing
commission shall identify each claim that the court orders to be paid
during the six (6) month period that ended on that day. The
commission shall pay the part of each claim that is so identified
within fifteen (15) days after the end of the six (6) month period in
which the claim is ordered paid. However, if the balance in the fund
is insufficient to pay the full payable amount of each claim that is
ordered to be paid during a six (6) month period, the commission
shall pay a prorated portion of each claim that is ordered to be paid
during the period. Any part of the payable amount of a claim left
unpaid due to the prorating of payments under this subsection must
be paid (subject to the fifty thousand dollar ($50,000) limit described
in section 4 of this chapter) before the payment of claims ordered to
be paid during the following six (6) month period. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-6 Agent for service of process
Sec. 6. Any plumbing contractor who is licensed or renews a
license under this article after December 31, 1987, and upon whom
personal service cannot be made with reasonable diligence shall be
considered to have appointed the commission as the plumbing
contractor's agent for service of process for purposes of actions filed
under section 4 of this chapter for recovery from the plumbers
recovery fund. Service of process under this section shall be made as
nearly as practicable in the manner prescribed by the Indiana Rules
of Trial Procedure for service on corporations. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-7 Limitation of actions
Sec. 7. An order for payment from the plumbers recovery fund
may not be issued unless the action to recover from the plumbers
recovery fund was commenced within two (2) years after the
termination of all proceedings against the plumbing contractor for a
violation under IC 25-1-11 or the plumbing codes of the state,
including appeals and proceedings supplemental to judgment. When
any person commences an action for a judgment that may result in an
order for payment from the fund, the plumbing contractor against
whom the action has been taken shall notify the commission in
writing of the commencement of the action. As added by P.L.260-1987, SEC.1. Amended by P.L.214-1993,
SEC.64.
IC 25-28.5-2-8 Commission as defendant; hearings; issuance of orders
Sec. 8. When any person files an application for an order directing
payment from the plumbers recovery fund, the commission shall be
made a party defendant to the proceedings. The court shall conduct
a hearing on the application, and it may issue an order directing
payment out of the plumbers recovery fund, as provided in section 9
of this chapter, subject to the limitation of section 4 of this chapter,
if the court finds:
(1) that there is no collusion between the judgment creditor and
the judgment debtor;
(2) that the judgment creditor is making application not more
than one (1) year after the termination of all proceedings in
connection with the judgment, including appeals and
proceedings supplemental to judgment for collection purposes;
(3) that the judgment creditor has caused to be issued a writ of
execution on the judgment and the officer executing the writ
has made a return showing that no personal or real property of
the judgment debtor liable to be levied upon in satisfaction of
the judgment could be found or that the amount realized on the
sale under the execution was insufficient to satisfy the
judgment;
(4) that the judgment creditor has diligently pursued the
creditor's remedies against all the judgment debtors and all
other persons liable to the creditor in the transaction for which
the creditor seeks recovery from the plumbers recovery fund;
(5) that a violation under IC 25-1-11 or the plumbing codes of
the state arose directly out of a transaction that occurred when
the judgment debtor was licensed and acted in a capacity for
which a license is required under this article and that the
transaction occurred after December 31, 1987; and
(6) that, in the event of a default judgment or a judgment
entered upon stipulation of the parties, the judgment debtor's
acts constituted a violation under IC 25-1-11 or the plumbing
codes of the state. As added by P.L.260-1987, SEC.1. Amended by P.L.214-1993,
SEC.65.
IC 25-28.5-2-9 Payment of claims from fund
Sec. 9. Upon a final order of the court directing that payment be
made out of the plumbers recovery fund, the commission shall,
subject to sections 4 through 5 of this chapter, make the payment out
of the plumbers recovery fund as provided in section 5 of this
chapter. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-10 Suspension of license; repayment of fund
Sec. 10. If the commission is required to make any payment from
the plumbers recovery fund in settlement of a claim or toward the
satisfaction of a judgment under this chapter, the commission shall
suspend the judgment debtor's license. The licensee is not eligible to
be licensed again as either a plumbing contractor or journeyman
plumber until the licensee has repaid in full the amount paid from the
plumbers recovery fund with interest of twelve percent (12%) per
annum. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-11 Subrogation
Sec. 11. When, upon order of any court, the commission has
caused payment to be made from the plumbers recovery fund to a
judgment creditor, the commission is subrogated to the rights of the
judgment creditor with respect to the amount paid. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-12 Expenditure of interest
Sec. 12. Subject to the approval of the budget agency, the
commission may expend the interest earned by the plumbers
recovery fund for the following:
(1) Publications that provide:
(A) information concerning the commission's activities and
administrative rulings; and
(B) other educational information concerning the practice of
plumbing.
(2) Educational programs concerning the practice of plumbing
in Indiana. As added by P.L.260-1987, SEC.1. Amended by P.L.20-1991, SEC.9.
IC 25-28.5-2-13 Attorney general; staff assistance; expenses
Sec. 13. (a) The office of the attorney general shall provide the
staff assistance necessary to:
(1) enable the plumbing commission to perform its duties under
this chapter; and
(2) enforce this chapter.
(b) Expenses incurred by the office of the attorney general under
this section shall be paid from the plumbers recovery fund. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-1 Establishment of fund; investments; interest
Sec. 1. (a) The plumbers recovery fund is established for the
purpose set out in this chapter. The fund shall be administered by the
plumbing commission.
(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(c) Money in the fund at the end of a state fiscal year does not
revert to the state general fund, except as provided in section 2.2 of
this chapter. As added by P.L.260-1987, SEC.1. Amended by P.L.143-1990,
SEC.5.
IC 25-28.5-2-2 Surcharge; formula; assessments
Sec. 2. (a) If the total amount in the plumbers recovery fund
(including principal and interest) plus estimated revenues from the
fee assessed under section 2.1 of this chapter from July 1 of the
current year through June 30 of the next year will be less than three
hundred thirty thousand dollars ($330,000) on June 30 in an
odd-numbered year after the payment of all claims and expenses, the
plumbing commission shall assess a surcharge according to the
following formula in order to maintain the fund at an approximate
level of four hundred thousand dollars ($400,000):
STEP ONE: Determine the amount remaining in the fund on
June 30 of the current year after all expenses and claims have
been paid.
STEP TWO: Add to the amount determined under STEP ONE
the amount of revenue estimated from the fee assessed under
section 2.1 of this chapter from July 1 of the current year
through June 30 of the next year.
STEP THREE: Subtract the amount determined under STEP
TWO from four hundred thousand dollars ($400,000).
STEP FOUR: Determine the number of plumbing contractors
who had licenses in effect on June 30 of the current year.
STEP FIVE: Divide the number determined under STEP
THREE by the number determined under STEP FOUR.
(b) The plumbing commission shall assess the surcharge described
in subsection (a) against each plumbing contractor who:
(1) receives an initial license; or
(2) receives a renewal license.
(c) The plumbing commission shall assess the surcharge described
in subsection (a) for the two (2) year period beginning on July 1 of
the current year through June 30 of the next odd-numbered year.
(d) The surcharge assessed under this section is in addition to any
other fee under this article. As added by P.L.260-1987, SEC.1. Amended by P.L.143-1990,
SEC.6.
IC 25-28.5-2-2.1 Licensing fee
Sec. 2.1. (a) At the time of initial licensure under this article, each
licensee shall pay the fees established by the commission under
IC 25-1-8-2 for the following:
(1) A plumbing contractor.
(2) A journeyman plumber.
(b) Fees collected under subsection (a) shall be placed in the
plumbers recovery fund.
(c) The fee assessed under this section is in addition to any other
fee under this article. As added by P.L.143-1990, SEC.7. Amended by P.L.194-2005,
SEC.73.
IC 25-28.5-2-2.2 Reversion of excess funds
Sec. 2.2. If the total amount in the plumbing recovery fund
(including principal and interest) exceeds five hundred fifty thousand
dollars ($550,000) at the end of a state fiscal year after the payment
of all claims and expenses, the amount in excess of five hundred fifty
thousand dollars ($550,000) reverts to the state general fund. As added by P.L.143-1990, SEC.8.
IC 25-28.5-2-3 Interest on investments; payment of expenses
Sec. 3. Any interest earned on investment of money in the
plumbers recovery fund shall be credited at least annually to the
fund. No money may be appropriated from the state general fund for
payment of any expenses incurred under this chapter, and none of
these expenses may be charged against the state. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-4 Applications for orders directing payment out of fund; amount of
loss; limitation on recovery
Sec. 4. (a) If any aggrieved person obtains a final judgment in any
court against any plumbing contractor to recover damages for a
violation under IC 25-1-11 or the plumbing codes of the state (with
or without a finding by the Indiana plumbing commission) that
results in an actual cash loss to the aggrieved person, the person may,
upon termination of all proceedings, including appeals and
proceedings supplemental to judgment for collection purposes, file
a verified application in the court in which the judgment was entered
for an order directing payment out of the plumbers recovery fund of
the amount of actual and direct loss in the transaction that remains
unpaid upon the judgment. The amount of actual and direct loss may
include court costs but may not include attorney's fees or punitive
damages awarded. The amount that may be paid from the plumbers
recovery fund may not exceed twenty thousand dollars ($20,000) per
judgment and an aggregate lifetime limit of fifty thousand dollars
($50,000) with respect to any one (1) licensee.
(b) This section applies only to a final judgment that awards
damages for an act by the plumbing contractor described in
subsection (a) that arises directly out of any transaction:
(1) that occurred when the plumbing contractor was licensed;
(2) for which a license was required under IC 25-28.5; and
(3) that occurred after December 31, 1987. As added by P.L.260-1987, SEC.1. Amended by P.L.214-1993,
SEC.63.
IC 25-28.5-2-5 Claims exceeding dollar limitations; joinder of claims; payment of
claims; insufficient funds
Sec. 5. (a) If the payment in full of two (2) or more pending valid
claims that have been filed by aggrieved persons against a single
plumbing contractor would exceed the fifty thousand dollar
($50,000) limit set forth in section 4 of this chapter, the fifty
thousand dollars ($50,000) shall be distributed among the aggrieved
persons in the ratio that their respective claims bear to the aggregate
of all valid claims or in any other manner that a court of record may
determine equitable. This money shall be distributed among the
persons entitled to share in it without regard to the order of priority
in which their respective judgments have been obtained or their
claims have been filed.
(b) Upon petition of the commission, the court may require all
claimants and prospective claimants against a single plumbing
contractor to be joined in one (1) action, to the end that the
respective rights of all the claimants to the commission may be
equitably adjudicated and settled.
(c) On June 30 and December 31 of each year, the plumbing
commission shall identify each claim that the court orders to be paid
during the six (6) month period that ended on that day. The
commission shall pay the part of each claim that is so identified
within fifteen (15) days after the end of the six (6) month period in
which the claim is ordered paid. However, if the balance in the fund
is insufficient to pay the full payable amount of each claim that is
ordered to be paid during a six (6) month period, the commission
shall pay a prorated portion of each claim that is ordered to be paid
during the period. Any part of the payable amount of a claim left
unpaid due to the prorating of payments under this subsection must
be paid (subject to the fifty thousand dollar ($50,000) limit described
in section 4 of this chapter) before the payment of claims ordered to
be paid during the following six (6) month period. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-6 Agent for service of process
Sec. 6. Any plumbing contractor who is licensed or renews a
license under this article after December 31, 1987, and upon whom
personal service cannot be made with reasonable diligence shall be
considered to have appointed the commission as the plumbing
contractor's agent for service of process for purposes of actions filed
under section 4 of this chapter for recovery from the plumbers
recovery fund. Service of process under this section shall be made as
nearly as practicable in the manner prescribed by the Indiana Rules
of Trial Procedure for service on corporations. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-7 Limitation of actions
Sec. 7. An order for payment from the plumbers recovery fund
may not be issued unless the action to recover from the plumbers
recovery fund was commenced within two (2) years after the
termination of all proceedings against the plumbing contractor for a
violation under IC 25-1-11 or the plumbing codes of the state,
including appeals and proceedings supplemental to judgment. When
any person commences an action for a judgment that may result in an
order for payment from the fund, the plumbing contractor against
whom the action has been taken shall notify the commission in
writing of the commencement of the action. As added by P.L.260-1987, SEC.1. Amended by P.L.214-1993,
SEC.64.
IC 25-28.5-2-8 Commission as defendant; hearings; issuance of orders
Sec. 8. When any person files an application for an order directing
payment from the plumbers recovery fund, the commission shall be
made a party defendant to the proceedings. The court shall conduct
a hearing on the application, and it may issue an order directing
payment out of the plumbers recovery fund, as provided in section 9
of this chapter, subject to the limitation of section 4 of this chapter,
if the court finds:
(1) that there is no collusion between the judgment creditor and
the judgment debtor;
(2) that the judgment creditor is making application not more
than one (1) year after the termination of all proceedings in
connection with the judgment, including appeals and
proceedings supplemental to judgment for collection purposes;
(3) that the judgment creditor has caused to be issued a writ of
execution on the judgment and the officer executing the writ
has made a return showing that no personal or real property of
the judgment debtor liable to be levied upon in satisfaction of
the judgment could be found or that the amount realized on the
sale under the execution was insufficient to satisfy the
judgment;
(4) that the judgment creditor has diligently pursued the
creditor's remedies against all the judgment debtors and all
other persons liable to the creditor in the transaction for which
the creditor seeks recovery from the plumbers recovery fund;
(5) that a violation under IC 25-1-11 or the plumbing codes of
the state arose directly out of a transaction that occurred when
the judgment debtor was licensed and acted in a capacity for
which a license is required under this article and that the
transaction occurred after December 31, 1987; and
(6) that, in the event of a default judgment or a judgment
entered upon stipulation of the parties, the judgment debtor's
acts constituted a violation under IC 25-1-11 or the plumbing
codes of the state. As added by P.L.260-1987, SEC.1. Amended by P.L.214-1993,
SEC.65.
IC 25-28.5-2-9 Payment of claims from fund
Sec. 9. Upon a final order of the court directing that payment be
made out of the plumbers recovery fund, the commission shall,
subject to sections 4 through 5 of this chapter, make the payment out
of the plumbers recovery fund as provided in section 5 of this
chapter. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-10 Suspension of license; repayment of fund
Sec. 10. If the commission is required to make any payment from
the plumbers recovery fund in settlement of a claim or toward the
satisfaction of a judgment under this chapter, the commission shall
suspend the judgment debtor's license. The licensee is not eligible to
be licensed again as either a plumbing contractor or journeyman
plumber until the licensee has repaid in full the amount paid from the
plumbers recovery fund with interest of twelve percent (12%) per
annum. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-11 Subrogation
Sec. 11. When, upon order of any court, the commission has
caused payment to be made from the plumbers recovery fund to a
judgment creditor, the commission is subrogated to the rights of the
judgment creditor with respect to the amount paid. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-12 Expenditure of interest
Sec. 12. Subject to the approval of the budget agency, the
commission may expend the interest earned by the plumbers
recovery fund for the following:
(1) Publications that provide:
(A) information concerning the commission's activities and
administrative rulings; and
(B) other educational information concerning the practice of
plumbing.
(2) Educational programs concerning the practice of plumbing
in Indiana. As added by P.L.260-1987, SEC.1. Amended by P.L.20-1991, SEC.9.
IC 25-28.5-2-13 Attorney general; staff assistance; expenses
Sec. 13. (a) The office of the attorney general shall provide the
staff assistance necessary to:
(1) enable the plumbing commission to perform its duties under
this chapter; and
(2) enforce this chapter.
(b) Expenses incurred by the office of the attorney general under
this section shall be paid from the plumbers recovery fund. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-1 Establishment of fund; investments; interest
Sec. 1. (a) The plumbers recovery fund is established for the
purpose set out in this chapter. The fund shall be administered by the
plumbing commission.
(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(c) Money in the fund at the end of a state fiscal year does not
revert to the state general fund, except as provided in section 2.2 of
this chapter. As added by P.L.260-1987, SEC.1. Amended by P.L.143-1990,
SEC.5.
IC 25-28.5-2-2 Surcharge; formula; assessments
Sec. 2. (a) If the total amount in the plumbers recovery fund
(including principal and interest) plus estimated revenues from the
fee assessed under section 2.1 of this chapter from July 1 of the
current year through June 30 of the next year will be less than three
hundred thirty thousand dollars ($330,000) on June 30 in an
odd-numbered year after the payment of all claims and expenses, the
plumbing commission shall assess a surcharge according to the
following formula in order to maintain the fund at an approximate
level of four hundred thousand dollars ($400,000):
STEP ONE: Determine the amount remaining in the fund on
June 30 of the current year after all expenses and claims have
been paid.
STEP TWO: Add to the amount determined under STEP ONE
the amount of revenue estimated from the fee assessed under
section 2.1 of this chapter from July 1 of the current year
through June 30 of the next year.
STEP THREE: Subtract the amount determined under STEP
TWO from four hundred thousand dollars ($400,000).
STEP FOUR: Determine the number of plumbing contractors
who had licenses in effect on June 30 of the current year.
STEP FIVE: Divide the number determined under STEP
THREE by the number determined under STEP FOUR.
(b) The plumbing commission shall assess the surcharge described
in subsection (a) against each plumbing contractor who:
(1) receives an initial license; or
(2) receives a renewal license.
(c) The plumbing commission shall assess the surcharge described
in subsection (a) for the two (2) year period beginning on July 1 of
the current year through June 30 of the next odd-numbered year.
(d) The surcharge assessed under this section is in addition to any
other fee under this article. As added by P.L.260-1987, SEC.1. Amended by P.L.143-1990,
SEC.6.
IC 25-28.5-2-2.1 Licensing fee
Sec. 2.1. (a) At the time of initial licensure under this article, each
licensee shall pay the fees established by the commission under
IC 25-1-8-2 for the following:
(1) A plumbing contractor.
(2) A journeyman plumber.
(b) Fees collected under subsection (a) shall be placed in the
plumbers recovery fund.
(c) The fee assessed under this section is in addition to any other
fee under this article. As added by P.L.143-1990, SEC.7. Amended by P.L.194-2005,
SEC.73.
IC 25-28.5-2-2.2 Reversion of excess funds
Sec. 2.2. If the total amount in the plumbing recovery fund
(including principal and interest) exceeds five hundred fifty thousand
dollars ($550,000) at the end of a state fiscal year after the payment
of all claims and expenses, the amount in excess of five hundred fifty
thousand dollars ($550,000) reverts to the state general fund. As added by P.L.143-1990, SEC.8.
IC 25-28.5-2-3 Interest on investments; payment of expenses
Sec. 3. Any interest earned on investment of money in the
plumbers recovery fund shall be credited at least annually to the
fund. No money may be appropriated from the state general fund for
payment of any expenses incurred under this chapter, and none of
these expenses may be charged against the state. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-4 Applications for orders directing payment out of fund; amount of
loss; limitation on recovery
Sec. 4. (a) If any aggrieved person obtains a final judgment in any
court against any plumbing contractor to recover damages for a
violation under IC 25-1-11 or the plumbing codes of the state (with
or without a finding by the Indiana plumbing commission) that
results in an actual cash loss to the aggrieved person, the person may,
upon termination of all proceedings, including appeals and
proceedings supplemental to judgment for collection purposes, file
a verified application in the court in which the judgment was entered
for an order directing payment out of the plumbers recovery fund of
the amount of actual and direct loss in the transaction that remains
unpaid upon the judgment. The amount of actual and direct loss may
include court costs but may not include attorney's fees or punitive
damages awarded. The amount that may be paid from the plumbers
recovery fund may not exceed twenty thousand dollars ($20,000) per
judgment and an aggregate lifetime limit of fifty thousand dollars
($50,000) with respect to any one (1) licensee.
(b) This section applies only to a final judgment that awards
damages for an act by the plumbing contractor described in
subsection (a) that arises directly out of any transaction:
(1) that occurred when the plumbing contractor was licensed;
(2) for which a license was required under IC 25-28.5; and
(3) that occurred after December 31, 1987. As added by P.L.260-1987, SEC.1. Amended by P.L.214-1993,
SEC.63.
IC 25-28.5-2-5 Claims exceeding dollar limitations; joinder of claims; payment of
claims; insufficient funds
Sec. 5. (a) If the payment in full of two (2) or more pending valid
claims that have been filed by aggrieved persons against a single
plumbing contractor would exceed the fifty thousand dollar
($50,000) limit set forth in section 4 of this chapter, the fifty
thousand dollars ($50,000) shall be distributed among the aggrieved
persons in the ratio that their respective claims bear to the aggregate
of all valid claims or in any other manner that a court of record may
determine equitable. This money shall be distributed among the
persons entitled to share in it without regard to the order of priority
in which their respective judgments have been obtained or their
claims have been filed.
(b) Upon petition of the commission, the court may require all
claimants and prospective claimants against a single plumbing
contractor to be joined in one (1) action, to the end that the
respective rights of all the claimants to the commission may be
equitably adjudicated and settled.
(c) On June 30 and December 31 of each year, the plumbing
commission shall identify each claim that the court orders to be paid
during the six (6) month period that ended on that day. The
commission shall pay the part of each claim that is so identified
within fifteen (15) days after the end of the six (6) month period in
which the claim is ordered paid. However, if the balance in the fund
is insufficient to pay the full payable amount of each claim that is
ordered to be paid during a six (6) month period, the commission
shall pay a prorated portion of each claim that is ordered to be paid
during the period. Any part of the payable amount of a claim left
unpaid due to the prorating of payments under this subsection must
be paid (subject to the fifty thousand dollar ($50,000) limit described
in section 4 of this chapter) before the payment of claims ordered to
be paid during the following six (6) month period. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-6 Agent for service of process
Sec. 6. Any plumbing contractor who is licensed or renews a
license under this article after December 31, 1987, and upon whom
personal service cannot be made with reasonable diligence shall be
considered to have appointed the commission as the plumbing
contractor's agent for service of process for purposes of actions filed
under section 4 of this chapter for recovery from the plumbers
recovery fund. Service of process under this section shall be made as
nearly as practicable in the manner prescribed by the Indiana Rules
of Trial Procedure for service on corporations. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-7 Limitation of actions
Sec. 7. An order for payment from the plumbers recovery fund
may not be issued unless the action to recover from the plumbers
recovery fund was commenced within two (2) years after the
termination of all proceedings against the plumbing contractor for a
violation under IC 25-1-11 or the plumbing codes of the state,
including appeals and proceedings supplemental to judgment. When
any person commences an action for a judgment that may result in an
order for payment from the fund, the plumbing contractor against
whom the action has been taken shall notify the commission in
writing of the commencement of the action. As added by P.L.260-1987, SEC.1. Amended by P.L.214-1993,
SEC.64.
IC 25-28.5-2-8 Commission as defendant; hearings; issuance of orders
Sec. 8. When any person files an application for an order directing
payment from the plumbers recovery fund, the commission shall be
made a party defendant to the proceedings. The court shall conduct
a hearing on the application, and it may issue an order directing
payment out of the plumbers recovery fund, as provided in section 9
of this chapter, subject to the limitation of section 4 of this chapter,
if the court finds:
(1) that there is no collusion between the judgment creditor and
the judgment debtor;
(2) that the judgment creditor is making application not more
than one (1) year after the termination of all proceedings in
connection with the judgment, including appeals and
proceedings supplemental to judgment for collection purposes;
(3) that the judgment creditor has caused to be issued a writ of
execution on the judgment and the officer executing the writ
has made a return showing that no personal or real property of
the judgment debtor liable to be levied upon in satisfaction of
the judgment could be found or that the amount realized on the
sale under the execution was insufficient to satisfy the
judgment;
(4) that the judgment creditor has diligently pursued the
creditor's remedies against all the judgment debtors and all
other persons liable to the creditor in the transaction for which
the creditor seeks recovery from the plumbers recovery fund;
(5) that a violation under IC 25-1-11 or the plumbing codes of
the state arose directly out of a transaction that occurred when
the judgment debtor was licensed and acted in a capacity for
which a license is required under this article and that the
transaction occurred after December 31, 1987; and
(6) that, in the event of a default judgment or a judgment
entered upon stipulation of the parties, the judgment debtor's
acts constituted a violation under IC 25-1-11 or the plumbing
codes of the state. As added by P.L.260-1987, SEC.1. Amended by P.L.214-1993,
SEC.65.
IC 25-28.5-2-9 Payment of claims from fund
Sec. 9. Upon a final order of the court directing that payment be
made out of the plumbers recovery fund, the commission shall,
subject to sections 4 through 5 of this chapter, make the payment out
of the plumbers recovery fund as provided in section 5 of this
chapter. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-10 Suspension of license; repayment of fund
Sec. 10. If the commission is required to make any payment from
the plumbers recovery fund in settlement of a claim or toward the
satisfaction of a judgment under this chapter, the commission shall
suspend the judgment debtor's license. The licensee is not eligible to
be licensed again as either a plumbing contractor or journeyman
plumber until the licensee has repaid in full the amount paid from the
plumbers recovery fund with interest of twelve percent (12%) per
annum. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-11 Subrogation
Sec. 11. When, upon order of any court, the commission has
caused payment to be made from the plumbers recovery fund to a
judgment creditor, the commission is subrogated to the rights of the
judgment creditor with respect to the amount paid. As added by P.L.260-1987, SEC.1.
IC 25-28.5-2-12 Expenditure of interest
Sec. 12. Subject to the approval of the budget agency, the
commission may expend the interest earned by the plumbers
recovery fund for the following:
(1) Publications that provide:
(A) information concerning the commission's activities and
administrative rulings; and
(B) other educational information concerning the practice of
plumbing.
(2) Educational programs concerning the practice of plumbing
in Indiana. As added by P.L.260-1987, SEC.1. Amended by P.L.20-1991, SEC.9.
IC 25-28.5-2-13 Attorney general; staff assistance; expenses
Sec. 13. (a) The office of the attorney general shall provide the
staff assistance necessary to:
(1) enable the plumbing commission to perform its duties under
this chapter; and
(2) enforce this chapter.
(b) Expenses incurred by the office of the attorney general under
this section shall be paid from the plumbers recovery fund. As added by P.L.260-1987, SEC.1.
