2016 Indiana Code
TITLE 9. MOTOR VEHICLES
ARTICLE 33. ADMINISTRATIVE PROCEDURES
CHAPTER 3. REFUNDS OF CERTAIN FEES
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IC 9-33-3
Chapter 3. Refunds of Certain Fees
IC 9-33-3-1
Applicability; claims for refunds; contents; procedure
Sec. 1. (a) This section applies if:
(1) the bureau charges a person a fee in an amount greater than
required by law and the person pays the fee;
(2) the bureau charges a person a fee in error and the person
pays the fee; or
(3) a person pays a fee in error to the bureau.
(b) A person described in subsection (a) may file a claim for a
refund with the bureau on a form furnished by the bureau. The claim
must:
(1) be filed within three (3) years after the date on which the
person pays the fee;
(2) set forth the amount of the refund that the person is
claiming;
(3) set forth the reasons the person is claiming the refund; and
(4) include any documentation supporting the claim.
(c) After considering the claim and all evidence relevant to the
claim, the bureau shall issue a decision on the claim, stating the part,
if any, of the refund allowed and containing a statement of the
reasons for any part of the refund that is denied. The bureau shall
mail a copy of the decision to the claimant. However, if the bureau
allows the full refund claimed, a warrant for the payment of the claim
is sufficient notice of the decision.
(d) If a person disagrees with all or part of the bureau's decision,
the person may file a petition under IC 9-33-2-3.
As added by P.L.198-2016, SEC.632.
IC 9-33-3-2
Method of refund
Sec. 2. If the bureau determines that a person is entitled to a
refund under section 1 of this chapter, the bureau shall refund the
amount of overpayment by:
(1) placing a credit on the person's account with the bureau; or
(2) warrant issued by the auditor of state drawn on the treasurer
of state.
A person may affirmatively elect to receive a refund in the form of
a warrant rather than as a credit.
As added by P.L.198-2016, SEC.632.
IC 9-33-3-3
Class action for refunds
Sec. 3. A class action for refunds under this chapter may not be
maintained in any court on behalf of any person who has not
complied with the requirement of section 1 of this chapter before the
Indiana Code 2016
class is certified. A refund under this chapter to a member of a class
in a class action is subject to the time limits set forth in section 1 of
this chapter based on the time the class member filed the claim with
the bureau.
As added by P.L.198-2016, SEC.632.
Indiana Code 2016
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