HB 1280-5_ Filed 01/27/2012, 07:17 Koch


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1280 be amended to read as follows:

SOURCE: Page 11, line 3; (12)MO128007.11. -->     Page 11, between lines 3 and 4, begin a new paragraph and insert:
SOURCE: IC 4-21.5-3-1; (12)MO128007.15. -->     "SECTION 15. IC 4-21.5-3-1, AS AMENDED BY P.L.32-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This section applies to:
        (1) the giving of any notice;
        (2) the service of any motion, ruling, order, or other filed item; or
        (3) the filing of any document with the ultimate authority;
in an administrative proceeding under this article.
    (b) Except as provided in subsection (c) or as otherwise provided by law, a person shall serve papers by:
        (1) United States mail;
        (2) personal service;
        (3) electronic mail; or
        (4) any other method approved by the Indiana Rules of Trial Procedure.
    (c) The following shall be served by United States mail or personal service:
        (1) The initial notice of a determination under section 4, 5, or 6 of this chapter.
        (2) A petition for review of an agency action under section 7 of this chapter.
        (3) A complaint under section 8 of this chapter.
    (d) The agency shall keep a record of the time, date, and circumstances of the service under subsection (b) or (c).
    (e) Service shall be made on a person or on the person's counsel or other authorized representative of record in the proceeding. Service on an artificial person or a person incompetent to receive service shall be made on a person allowed to receive service under the rules governing civil actions in the courts. If an ultimate authority consists of more than one (1) individual, service on that ultimate authority must be made on the chairperson or secretary of the ultimate authority. A document to be filed with that ultimate authority must be filed with the chairperson or secretary of the ultimate authority.
    (f) If the current address of a person is not ascertainable, service shall be mailed to the last known address where the person resides or has a principal place of business. If the identity, address, or existence of a person is not ascertainable, or a law other than a rule allows, service shall be made by a single publication in a newspaper of general circulation in:
        (1) the county in which the person resides, has a principal place of business, or has property that is the subject of the proceeding; or
        (2) Marion County, if the place described in subdivision (1) is not ascertainable or the place described in subdivision (1) is outside Indiana and the person does not have a resident agent or other representative of record in Indiana.
    (g) A notice given by publication must include a statement advising a person how the person may receive written notice of the proceedings.
        (h) The filing of a document with an ultimate authority is complete on the earliest of the following dates that apply to the filing:
        (1) The date on which the document is delivered to the ultimate authority under subsection (b), (c), or (e).
        (2) The date of the postmark on the envelope containing the document, if the document is mailed to the ultimate authority by United States mail.
        (3) The date on which the document is deposited with a private carrier, as shown by a receipt issued by the carrier, if the document is sent to the ultimate authority by private carrier.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1280 as printed January 23, 2012.)

________________________________________

Representative Koch


MO128007/DI 51     2012