Administrative Rules

Adds 62 IAC to establish a new article to set out priorities for formal complaints filed with the office of the public access counselor. Effective 30 days after filing with the secretary of state.

62 IAC

SECTION 1: 62 IAC IS ADDED TO READ AS FOLLOWS:

TITLE 62 OFFICE OF THE PUBLIC ACCESS COUNSELOR

ARTICLE 1. FORMAL COMPLAINTS

Rule 1. General Provisions

62 IAC 1-1-1 Definitions

Authority: IC 5-14-5-10
Affected: IC 5-14-1.5; IC 5-14-3; IC 5-14-5

Sec. 1. The following definitions apply throughout this rule:

1. "Complainant" means a person who files a complaint under IC 5-14-5.
2. "Formal complaint" means a complaint filed under IC 5-14-5.
   (Office of the Public Access Counselor; 62 IAC 1-1-1; filed with the Secretary of State, May 26, 2000, 8:43am)

62 IAC 1-1-2 Formal complaints that have priority; procedure

Authority: IC 5-14-5-10
Affected: IC 5-14-1.5; IC 5-14-3; IC 5-14-5

Sec. 2.

1. Formal complaints may be filed with the public access counselor by hand delivery, United States mail, facsimile, or electronic mail.
2. A complainant shall file a formal complaint on the form prescribed by the public access counselor. If any of the criteria for priority enumerated in section 3 of this rule are met, the complainant shall include that information in the complaint.
3. A formal complaint is considered received when date stamped by the office of the public access counselor.
4. If a formal complaint meets any of the criteria for priority listed under section 3 of this rule, the public access counselor shall issue a written advisory opinion within seven (7) days of receipt of that complaint. (Office of the Public Access Counselor; 62 IAC 1-1-2; filed with the Secretary of State, May 26, 2000, 8:43am)

62 IAC 1-1-3 Priority complaints; criteria

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:
1. 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
2. within thirty (30) days of either:
1. the date of the act or failure to act complained of; or
2. 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. (Office of the Public Access Counselor; 62 IAC 1-1-3; filed with the Secretary of State, May 26, 2000, 8:43am)