Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION

Sec. 8. (a) An employee who has been discharged, demoted, suspended, threatened, harassed, or otherwise discriminated against in the terms and conditions of employment by the employee's employer because the employee: (1) objected to an act or omission described in section 2 of th…

estoppel Sec. 9. (a) A subpoena requiring the attendance of a witness at a trial or hearing conducted under this chapter may be served at any place in the state. (b) A civil action under section 4 of this chapter is barred unless it is commenced: (1) not later than six (6) years …

Sec. 0.1. The amendments made to section 2 of this chapter by P.L.133-2007 apply only to public works contracts entered into after June 30, 2007. As added by P.L.220-2011, SEC.98.

Sec. 1. As used in this chapter: "State agency" means the state of Indiana or any commission or agency created by law. "Agent" shall include any board, commission, trustee, officer or agent which acts on behalf of a state agency. "Public building", "public work" and "public impro…

Sec. 2. To the extent that this chapter is applicable, all contracts between a contractor and a state agency concerning any public building, work, or improvement entered into after May 1, 1972, and which contracts are in excess of two hundred thousand dollars ($200,000) are to be…

Sec. 3. Any state agency which enters into a contract for any public building, work or improvement, and any contractor subcontracting portions of such contract, which contracts contain provision for retainage shall include in their respective contracts a provision that at the tim…

schedule Sec. 3.1. The treasurer of state may charge a reasonable fee for services that the treasurer renders in connection with the establishment and administration of escrow accounts. If the treasurer charges such fee, the treasurer shall prepare a fee schedule and make it avai…

Sec. 3.5. (a) To determine the amount of retainage to be withheld, a state agency shall elect one (1) of the following options: (1) Withhold no more than ten percent (10%) nor less than six percent (6%) of the dollar value of all work satisfactorily completed until the public wor…

of surety; waiver of bond requirements for certain state educational institution projects Sec. 4. (a) This section does not apply to a contract entered into by a state educational institution if: (1) the amount to be paid under the contract is less than five hundred thousand doll…

Sec. 5. Within ten (10) days of the receipt of any payment by the state agency or escrow agent, the contractor or escrow agent shall pay all subcontractors with whom he has contracted their share of the payment the contractor received based upon the service performed by the subco…

Sec. 6. The contractor shall be paid in full including all escrowed principal and escrowed income by the state agency and escrow agent within sixty-one (61) days following the date of substantial completion, subject to IC 5-16-5. If at that time there are any remaining uncomplete…

Sec. 7. All suits must be brought against a surety on a bond required by this chapter within one (1) year after the completion of the work or service in question. Formerly: Acts 1972, P.L.44, SEC.1.

Sec. 8. This chapter shall not be construed as conflicting with any other laws for the protection of labor, subcontractors or materialmen, but is supplemental thereto. Formerly: Acts 1972, P.L.44, SEC.1.

Sec. 1. (a) This chapter applies only to claims, requests, demands, statements, records, acts, and omissions made or submitted in relation to the Medicaid program described in IC 12-15. Sections 3 through 18 of this chapter apply to claims, requests, demands, statements, records,…

and information; requirements Sec. 10. (a) Whenever the attorney general, the inspector general, or the designee of the attorney general or the inspector general has reason to believe that a person may be in possession, custody, or control of documentary material, electronically …

constituting violation involving a false claim; requirements; return; date for oral testimony requirements Sec. 11. (a) A civil investigative demand issued under this chapter must describe the conduct constituting a violation involving a false claim that is under investigation an…

demand supersedes contrary orders, rules, provisions that prevent or restrict disclosure; does not constitute waiver of a right or privilege Sec. 12. (a) A civil investigative demand issued under this chapter may not require the production of any documentary material, the submiss…

Sec. 13. (a) A civil investigative demand issued under this chapter may be served by an investigator or by any other person authorized to serve process. (b) A civil investigative demand shall be served in accordance with the rules of trial procedure. A court having jurisdiction o…

examinations in accordance with rules of civil procedure Sec. 14. (a) The production of documentary material in response to a civil investigative demand served under this chapter shall be made in accordance with the rules of civil procedure concerning the production of documents,…

and possession of documents; copies; restricted availability of documents; return of materials Sec. 15. (a) The official who issued the civil investigative demand is the custodian of the documentary material, answers to interrogatories, and transcripts of oral testimony received …

Sec. 16. (a) A person who has failed to comply with a civil investigative demand is subject to sanctions under the rules of civil procedure to the same extent as a person who has failed to cooperate in discovery. (b) A person who objects to a civil investigative demand issued und…

Sec. 17. Documentary material, answers to written interrogatories, or oral testimony provided in response to a civil investigative demand issued under this chapter is confidential. As added by P.L.197-2013, SEC.1.

Sec. 18. Proceedings under this chapter are governed by the Indiana Rules of Trial Procedure if the proceedings are held in state court, and by the Federal Rules of Civil Procedure if the proceedings are held in federal court. As added by P.L.197-2013, SEC.1. Amended by P.L.109-2…

records or statements, conspiracy Sec. 2. (a) A person who: (1) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval; (2) knowingly makes, uses, or causes to be made or used, a false record or statement that is material to a false or …

certification of findings; intervention; disqualification Sec. 3. (a) The: (1) attorney general; and (2) inspector general; have concurrent jurisdiction to investigate a violation of section 2 of this chapter. (b) If the attorney general discovers a violation of section 2 of this…

requirements; dismissal of claim; serving of complaint; extensions of time; intervention Sec. 4. (a) A person may bring a civil action for a violation of section 2 of this chapter on behalf of the person and on behalf of the state. The action: (1) must be brought in the name of t…

intervention; dismissal of action; settlement of action; limitations Sec. 5. (a) If the attorney general or the inspector general intervenes in an action under section 4 of this chapter, the attorney general or the inspector general is responsible for prosecuting the action and i…

fees and costs; state not liable for expenses and costs Sec. 6. (a) The person who initially filed the complaint is entitled to the following amounts if the state prevails in the action: (1) Except as provided in subdivision (2), if the attorney general or the inspector general i…

offenders, actions brought against certain officeholders, actions subject to civil suit or criminal prosecution, or actions based on information contained in specified documents Sec. 7. (a) This section does not apply to an action brought by: (1) the attorney general; (2) the ins…

limitation Sec. 8. (a) An employee, contractor, or agent who has been discharged, demoted, suspended, threatened, harassed, or otherwise discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated o…

elements of offense and damages by preponderance of the evidence; estoppel if conviction of crime involving fraud or false statements Sec. 9. (a) A subpoena requiring the attendance of a witness at a trial or hearing conducted under this chapter may be served at any place in Indi…

Sec. 0.2. The amendments made to IC 16-7-3.6-5 (before its repeal, now codified in this chapter) and IC 16-7-3.6-8 (before its repeal, now codified in this chapter) by P.L.351-1989 do not apply to the reimbursement of a claim that arises from a violent crime that occurs before Ju…

Sec. 0.5. As used in section 7 of this chapter, "bodily injury" means: (1) an impairment of a physical condition; (2) a visible injury; (3) physical pain; or (4) emotional trauma that stems directly from the impairment of a physical condition, a visible injury, or physical pain. …

Sec. 1. As used in this chapter, "claimant" means any of the following individuals filing an application for assistance under this chapter: (1) A victim. (2) A surviving spouse of a victim. (3) A legal dependent of a victim. (4) A family member of a victim. (5) A personal represe…

Sec. 10. The division shall do the following: (1) Maintain an office and staff in Indianapolis. (2) Prescribe forms for processing applications for assistance. (3) Determine claims for assistance filed under this chapter and investigate or reopen cases as necessary. (4) Prepare a…

Sec. 11. The division may do the following: (1) Require from the attorney general, the state police department, local law enforcement personnel, a county department of public welfare, or a prosecuting attorney copies of investigations and data to assist the division in determinin…

Sec. 11.5. A claimant's: (1) personal information (as defined in IC 9-14-6-6); and (2) medical records; are confidential. As added by P.L.121-2006, SEC.4. Amended by P.L.198-2016, SEC.9.

Sec. 12. (a) Except as provided in sections 13 and 15 of this chapter, the following persons are eligible for assistance under this chapter: (1) A resident of Indiana who is a victim of a violent crime committed: (A) in Indiana; or (B) in a jurisdiction other than Indiana, includ…

benefits; exceptions; award of compensation to dependents of violent criminals Sec. 13. (a) Subject to subsection (b) and except as provided in subsection (c), benefits may not be awarded: (1) if the victim sustained the injury as a result of participating or assisting in, or att…

As added by P.L.121-2006, SEC.6. Repealed by P.L.98-2022, SEC.4.

As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.7. Repealed by P.L.98-2022, SEC.5.

Sec. 15. (a) If a victim of a violent crime dies as a result of the crime, the division may pay the reasonable expenses incurred for funeral, burial, or cremation. (b) The division shall adopt guidelines to determine when the payment of expenses under subsection (a) is appropriat…

Sec. 16. (a) A person eligible for assistance under section 12 of this chapter may file an application for assistance with the division if the violent crime was committed in Indiana. (b) Except as provided in subsections (e) and (f), the application must be received by the divisi…

Sec. 17. (a) Except for an alleged victim of a child sex crime, the division may not award compensation under this chapter unless the violent crime was reported to a law enforcement officer not more than seventy-two (72) hours after the occurrence of the crime. (b) The division m…

enforcement officials Sec. 18. The division shall deny an award of compensation under this chapter if the claimant fails to fully cooperate with law enforcement personnel in the investigation, apprehension, and prosecution of the offender before the date the award is paid. As add…

enforcement officials Sec. 19. A claimant who fails to fully cooperate with law enforcement personnel in the investigation, apprehension, and prosecution of the offender after an award is paid forfeits the award. As added by P.L.47-1993, SEC.2.

Sec. 2. As used in this chapter, "division" refers to the victim services division of the Indiana criminal justice institute. As added by P.L.47-1993, SEC.2.

Sec. 2.5. As used in this chapter, "emergency shelter care" means housing in a facility having the primary purpose of providing temporary or transitional shelter for the homeless or for a specific population of the homeless. As added by P.L.121-2006, SEC.2.

Sec. 20. If: (1) the division finds a compelling reason for failure to report to or cooperate with law enforcement officials; and (2) justice requires; the division may suspend the requirements of section 17, 18, or 19 of this chapter. As added by P.L.47-1993, SEC.2.…

Sec. 21. (a) This section applies to claims filed with the division after December 31, 2005, and before July 1, 2009. (b) This subsection does not apply to reimbursement for forensic and evidence gathering services provided under section 39 of this chapter. (c) An award may not b…