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

Indiana Statutes

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

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

(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.]

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(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.]

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