Indiana Administrative Code
Title 62 - OFFICE OF THE PUBLIC ACCESS COUNSELOR
Article 1 - FORMAL COMPLAINTS
Rule 1 - General Provisions
Section 1-3 - Priority complaints; criteria

Universal Citation: 62 IN Admin Code 1-3

Current through September 18, 2024

Authority: IC 5-14-5-10

Affected: IC 5-14-1.5-7; IC 5-14-3; IC 5-14-5

Sec. 3.

A formal complaint has priority if one (1) of the following criteria are met:

(1) The complainant intends to file an action in circuit or superior court under IC 5-14-1.5-7 to declare void any policy, decision, or final action of a governing body or seek an injunction that would invalidate any policy, decision, or final action based upon a violation of IC 5-14-1.5. A formal complaint must be filed under this subsection:

(A) before the delivery of any warrants, notes, bonds, or obligations if the relief sought would have the effect of invalidating those warrants, notes, bonds, or obligations; or

(B) within thirty (30) days of either:
(i) the date of the act or failure to act complained of; or

(ii) the date that the complainant knew or should have known that the act or failure to act complained of had occurred.

(2) The complainant has filed a complaint concerning the conduct of a meeting or an executive session of a public agency for which notice has been posted, but the meeting or executive session has not yet taken place.

(3) The complainant has filed a complaint concerning denial of access to public records and at least one (1) of the public records requested was sought for the purpose of presenting the public record in a proceeding to be conducted by another public agency.

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