§ 23-7-8-8 — Complaints; injunctive relief; violations; fines

Indiana § 23-7-8-8

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 7: GENERAL CIVIL OR CHARITABLE
• Ch. 8: Professional Fundraiser Consultant and Solicitor

Text

(a) The division may receive, investigate, and
prosecute complaints concerning the activities of professional
fundraiser consultants and professional solicitors who:
(1) may be subject to this chapter; or
(2) have or may have violated this chapter.
All complaints must be in writing, signed by the complainant, and filed
with the division.
(b) The attorney general may subpoena witnesses, send for and
compel the production of books, records, papers, and documents of
professional fundraiser consultants and professional solicitors who are
subject to registration under this chapter, for the furtherance of any
investigation under this chapter. The circuit or superior court located
in the county where the subpoena is to be issued shall enforce any such
subpoena by the attorney general.
(c) The attorney general may bring an action to enjoin a violation of
this chapter. In this action, the court may order a person who has
violated this chapter to pay the reasonable costs of investigation and
prosecution incurred by the attorney general, may award the state civil
penalties up to five hundred dollars ($500) for each violation, and may
order the professional fundraiser consultant or professional solicitor to
repay money unlawfully received from aggrieved solicitees. In ordering
injunctive relief, the division is not required to establish irreparable
harm but only a violation of a statute or that the requested order
promotes the public interest. It is an affirmative defense to the
assessment of civil penalties under this subsection that the defendant
acted pursuant to a good faith misunderstanding concerning the
requirements of this chapter.
(d) A person who knowingly or intentionally:
(1) fails to file a registration statement or other information;
(2) files a statement or other information which is materially false;
or
(3) fails to make a disclosure;
as required by this chapter, commits a Class B misdemeanor. However,
the offense is a Class A misdemeanor if the person has a previous
unrelated conviction under this subsection.
(e) A local unit of government may adopt an ordinance which
regulates professional fundraisers and solicitors if the ordinance does
not conflict with this chapter.
(f) A professional fundraiser consultant, or a professional solicitor,
who has the person's principal place of business outside of Indiana, or
who has organized under the laws of another state, and who solicits
contributions from persons in Indiana, is subject to this chapter and
shall be considered to have appointed the secretary of state as his agent.
All service of process under this subsection shall be made on the
secretary of state under Rule 4.10 of the Indiana Rules of Trial
Procedure.
(g) Under rules adopted by the attorney general, the attorney general
may impose fines on professional fundraiser consultants and
professional solicitors for the late filing of information required to be
filed under this chapter.

Legislative History

As added by P.L.245-1983, SEC.1. Amended by P.L.248-1987, SEC.5; P.L.24-1989, SEC.8; P.L.1-1998, SEC.128; P.L.48-1998, SEC.6; P.L.135-1999, SEC.9.