2016 Indiana Code TITLE 24. TRADE REGULATION ARTICLE 10. CONSUMER PROTECTION ASSISTANCE FUND CHAPTER 2. ESTABLISHMENT AND PURPOSES OF FUND
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IC 24-10-2
Chapter 2. Establishment and Purposes of Fund
IC 24-10-2-1
Consumer protection assistance fund
Sec. 1. (a) The consumer protection assistance fund is established
for the purpose of compensating qualifying individuals who submit
qualifying claims to the office. The fund shall be administered by the
office.
(b) The fund consists of:
(1) appropriations made to the fund by the general assembly;
(2) grants, gifts, and donations intended for deposit in the fund;
and
(3) at the discretion of the office, money recovered or received
by the office for consumer protection purposes if use of the
money is not otherwise restricted.
(c) Money in the fund may be used to make payments to
qualifying individuals who file qualifying claims with the office in
connection with a case involving a violation by one (1) or more other
persons of any of the following statutes, including rules adopted
under the authority of the following statutes:
(1) IC 24-4.7 (concerning telephone solicitation of consumers)
if the case concerns a violation involving telephone solicitations
made in connection with any practice or transaction governed
by a statute described in subdivisions (2) through (4).
(2) IC 24-5-15 (concerning credit services organizations).
(3) IC 24-5.5 (concerning mortgage rescue fraud).
(4) IC 24-9 (concerning home loan practices).
(d) The expenses of administering the fund shall be paid from
money in the fund.
(e) 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 money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(f) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
As added by P.L.121-2011, SEC.2.
IC 24-10-2-2
Payments to qualifying individuals; claims; confidentiality of
personal information; amount of payment; other remedies not
precluded
Sec. 2. (a) The office may not make a payment to a qualifying
individual under section 1(c) of this chapter unless the party ordered
to pay restitution to the qualifying individual has not paid the full
amount of the restitution ordered by the court in the order described
in IC 24-10-1-3(2).
(b) A qualifying individual who seeks payment from the fund of
Indiana Code 2016
any amount of the restitution:
(1) ordered by the court to be paid to the individual; and
(2) not paid by the party ordered to pay the restitution;
may file a claim with the office on a form prescribed by the office.
A claim filed under this section must be received by the office not
later than one hundred eighty (180) days after the date of the order
described in IC 24-10-1-3(2). The office may grant an extension of
time for good cause shown by the individual filing the claim.
However, the office may not accept a claim that is received more
than two (2) years after the date of the order described in
IC 24-10-1-3(2).
(c) The personal information (as defined in IC 4-1-11-3) of an
individual who files a claim with the office under subsection (b) is
confidential and may not be disclosed or distributed outside the
office, except as may be required by law.
(d) Upon receiving a qualifying claim, the office may pay, from
money available in the fund, to each qualifying individual identified
in the claim under IC 24-10-1-3(3), an amount that:
(1) is determined at the discretion of the office;
(2) may be up to the amount of the restitution awarded to the
qualifying individual and not paid by the party ordered to pay
the restitution; and
(3) may not exceed three thousand dollars ($3,000).
(e) The limits set forth in subsection (d) do not prohibit a
qualifying individual from seeking to recover, in any action or
through any other lawful remedy available to the individual, any
amount of the restitution that:
(1) is awarded to the qualifying individual in the order
described in IC 24-10-1-3(2);
(2) is not paid by the party ordered to pay the restitution; and
(3) exceeds the amount paid to the qualifying individual by the
office under subsection (d).
As added by P.L.121-2011, SEC.2.
IC 24-10-2-3
State's liability for award; availability of funds
Sec. 3. The state is not liable for a determination or an award
made by the office under this chapter except to the extent that money
is available in the fund on the date the award is determined by the
office under this chapter.
As added by P.L.121-2011, SEC.2.
IC 24-10-2-4
Authority to adopt rules
Sec. 4. The office may adopt rules under IC 4-22-2 to implement
this article.
As added by P.L.121-2011, SEC.2.
Indiana Code 2016
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