Failure to intervene; effect

Sec. 12. (a) In an action in which a petitioner or an intervenor seeking judicial adjudication as provided by this chapter has failed to intervene in an administrative, a licensing, or other similar proceeding, the court may: (1) remit the petitioner or intervenor to the proceeding for amplification of the record in the proceeding; and (2) order the granting of intervention and the granting of review in the proceeding as provided in of this chapter. (b) However, if: (1) intervention was available in the proceeding; and (2) the petitioner or intervenor seeking judicial adjudication under this chapter willfully and inexcusably refused intervention in the proceeding; the court may dismiss the action with prejudice to the petitioner or intervenor. [Pre-1996 Recodification Citation: 13-6-1-6.] As added by P.L.1-1996, SEC.20.