Indiana Administrative Code
Title 55 - INDIANA ECONOMIC DEVELOPMENT CORPORATION
Article 10 - BUSINESS DISQUALIFICATION
Rule 1 - Definitions and Policy
Section 1-2 - Policy
Current through March 20, 2024
Authority: IC 5-28-5-8
Affected: IC 6-3-2; IC 6-3-3; IC 36-7-14-39
Sec. 2.
(a) The enterprise zone board will disqualify a zone business from enterprise zone benefits and incentives if the board finds that the zone business has not used all of its benefits and incentives:
(b) Examples of action by a zone business which would be sufficient to avoid disqualification include:
(c) Prior to making a petition to the board recommending disqualification of a zone business, a zone Urban Enterprise Association must:
(d) In the event a petition recommending disqualification of a zone business from eligibility for enterprise tax benefits and incentives is received by the enterprise zone board, the board's staff shall attempt to settle the dispute.
(e) In the event that the dispute is not settled, the chairman of the board shall appoint one member of the board to hold an evidentiary hearing and make a recommendation as to what the board's order or determination on the petition should be.
(f) The enterprise zone board and the hearing member may request any information or documentation they deem necessary to make a recommendation or determination. Lack of response to such requests will constitute evidence of the zone business's ineligibility for enterprise zone tax benefits and incentives.
(g) The board reserves the discretion to reject any petition recommending disqualification on the basis of information it views as incomplete, inaccurate or inadequate to make a determination.
(h) A zone business disqualified pursuant to these rules shall be disqualified from zone benefits and incentives for one year following the date of disqualification. A zone business disqualified pursuant to these rules may, no sooner than one (1) year following the date of disqualification, petition the board for reinstatement of benefits. A copy of the petition shall be forwarded to the zone Urban Enterprise Association by the board. The petition shall be heard and determined as provided in these rules for petitions recommending disqualification. In the event that the board approves the petition, benefits may be reinstated retroactively to the date of the petition. In the event the board does not approve the petition, the zone business may submit another petition for reinstatement of benefits no sooner than one (1) year following the date of the denied petition. If the year following the date of disqualification would be after the zone expires under law, the zone business will be disqualified for the previous year and be subject to repayment of any zone benefits and incentives received in that year.
Transferred from the Enterprise Zone Board ( 58 IAC 2-1-2 ) to the Department of Commerce ( 55 IAC 10-1-2 ) by P.L. 4-2005, SECTION 153, effective February 9, 2005.