§ 13-28-4-4 — Burden of proof regarding privilege

Indiana § 13-28-4-4

• Jurisdiction: Indiana
• Art. 28: TECHNICAL ASSISTANCE AND VOLUNTARY
• Ch. 4: Voluntary Environmental Audits

Text

(a) A party asserting the privilege described in
section 1 of this chapter has the burden of proving that the party may
exercise the privilege.
(b) A party asserting the privilege described in section 1 of this
chapter has the burden of establishing evidence that the person made
appropriate efforts to achieve compliance as described in section 2(b)
of this chapter if the evidence indicates that the person was in
noncompliance as described in section 2(a)(2)(C) of this chapter.
(c) A party seeking disclosure of material in an environmental audit
report under section 2(a)(2)(A) of this chapter has the burden of
proving that the privilege is being asserted for a fraudulent purpose.
[Pre-1996 Recodification Citation: 13-10-3-6.]

Legislative History

As added by P.L.1-1996, SEC.18. Amended by P.L.224-1999, SEC.13.