IC 33-26-7
Chapter 7. Representation by Attorney General
IC 33-26-7-1 Representation of local officials by private attorney; attorney
general approval
Sec. 1. Subject to IC 4-6-2-11, IC 4-6-5-3, and the written
approval of the attorney general, a township assessor, a county
assessor, a county auditor, a member of a county property tax
assessment board of appeals, or a county property tax assessment
board of appeals that:
(1) made an original determination that is the subject of a
judicial 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 attorney
selected 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 the
attorney general, the duty of discovery is on the parties to the judicial
proceeding. 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 is
limited to production of documents from the administrative law
judge presiding over the review under IC 6-1.1-15-3. The
administrative law judge may not be summoned to testify before the
tax court unless verified proof is offered to the tax court that the
impartiality of the administrative law judge was compromised
concerning 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, or
a county property tax assessment board of appeals:
(1) may seek relief from the tax court to establish that the
Indiana 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 general
in an action initiated under subdivision (1).
As added by P.L.98-2004, SEC.5.
IC 33-26-7
Chapter 7. Representation by Attorney General
IC 33-26-7-1 Representation of local officials by private attorney; attorney
general approval
Sec. 1. Subject to IC 4-6-2-11, IC 4-6-5-3, and the written
approval of the attorney general, a township assessor, a county
assessor, a county auditor, a member of a county property tax
assessment board of appeals, or a county property tax assessment
board of appeals that:
(1) made an original determination that is the subject of a
judicial 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 attorney
selected 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 the
attorney general, the duty of discovery is on the parties to the judicial
proceeding. 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 is
limited to production of documents from the administrative law
judge presiding over the review under IC 6-1.1-15-3. The
administrative law judge may not be summoned to testify before the
tax court unless verified proof is offered to the tax court that the
impartiality of the administrative law judge was compromised
concerning 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, or
a county property tax assessment board of appeals:
(1) may seek relief from the tax court to establish that the
Indiana 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 general
in an action initiated under subdivision (1).
As added by P.L.98-2004, SEC.5.
IC 33-26-7
Chapter 7. Representation by Attorney General
IC 33-26-7-1 Representation of local officials by private attorney; attorney
general approval
Sec. 1. Subject to IC 4-6-2-11, IC 4-6-5-3, and the written
approval of the attorney general, a township assessor, a county
assessor, a county auditor, a member of a county property tax
assessment board of appeals, or a county property tax assessment
board of appeals that:
(1) made an original determination that is the subject of a
judicial 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 attorney
selected 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 the
attorney general, the duty of discovery is on the parties to the judicial
proceeding. 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 is
limited to production of documents from the administrative law
judge presiding over the review under IC 6-1.1-15-3. The
administrative law judge may not be summoned to testify before the
tax court unless verified proof is offered to the tax court that the
impartiality of the administrative law judge was compromised
concerning 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, or
a county property tax assessment board of appeals:
(1) may seek relief from the tax court to establish that the
Indiana 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 general
in an action initiated under subdivision (1).
As added by P.L.98-2004, SEC.5.
