Ind. Code ch. 9-33-3

Ind. Code § 9-33-3-0.5 "Fee"

Sec. 0.5. As used in this chapter, "fee" means any money assessed or collected by the bureau. As added by P.L.147-2018, SEC.24.

Ind. Code § 9-33-3-1 Applicability; claims for refunds; contents; procedure

Sec. 1. (a) This section applies if: (1) the bureau charges a person a fee in an amount greater than required by law and the person pays the fee; (2) the bureau charges a person a fee in error and the person pays the fee; or (3) a person pays a fee in error to the bureau. (b) A person described in subsection (a) may file a claim for a refund with the bureau on a form furnished by the bureau. The claim must: (1) be filed within three (3) years after the date on which the person pays the fee; (2) set forth the amount of the refund that the person is claiming; (3) set forth the reasons the person is claiming the refund; and (4) include any documentation supporting the claim. (c) After considering the claim and all evidence relevant to the claim, the bureau shall issue a decision on the claim, stating the part, if any, of the refund allowed and containing a statement of the reasons for any part of the refund that is denied. The bureau shall mail, or send electronically if the claimant has indicated a preference for receiving notices from the bureau electronically, a copy of the decision to the claimant. However, if the bureau allows the full refund claimed, a warrant for the payment of the claim is sufficient notice of the decision. (d) If a person disagrees with all or part of the bureau's decision, the person may file a petition under IC 9-33-2-3. [Pre-2016 Revision Citation: subsection (a) formerly 9-29-1-6.] As added by P.L.198-2016, SEC.632. Amended by P.L.141-2024, SEC.53.

Ind. Code § 9-33-3-2 Method of refund

Sec. 2. If the bureau determines that a person is entitled to a refund under section 1 of this chapter, the bureau shall refund the amount of overpayment by: (1) placing a credit on the person's account with the bureau; or (2) warrant issued by the state comptroller drawn on the treasurer of state. A person may affirmatively elect to receive a refund in the form of a warrant rather than as a credit. As added by P.L.198-2016, SEC.632. Amended by P.L.9-2024, SEC.314.

Ind. Code § 9-33-3-3 Class action for refunds

Sec. 3. A class action for refunds under this chapter may not be maintained in any court on behalf of any person who has not complied with the requirement of section 1 of this chapter before the class is certified. A refund under this chapter to a member of a class in a class action is subject to the time limits set forth in section 1 of this chapter based on the time the class member filed the claim with the bureau. As added by P.L.198-2016, SEC.632.