§ 13-30-1-12 — Failure to intervene; effect

Indiana § 13-30-1-12

• Jurisdiction: Indiana
• Art. 30: ENFORCEMENT AND LEGAL ACTIONS
• Ch. 1: Standing to Sue for Declaratory and Equitable Relief in

Text

(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.]

Legislative History

As added by P.L.1-1996, SEC.20.