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
(c) The following shall be served by United States mail or personal
(1) The initial notice of a determination under section
4, 5, or
(2) A petition for review of an agency action under section 7 of
(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
(1) the county in which the person resides, has a principal place
of business, or has property that is the subject of the proceeding;
(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
(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.)
MO128007/DI 51 2012