§ 24-10-2-2 — Payments to qualifying individuals; claims; confidentiality of personal information; amount of payment; other remedies not precluded

Indiana § 24-10-2-2

• Jurisdiction: Indiana
• Art. 10: CONSUMER PROTECTION ASSISTANCE FUND
• Ch. 2: Establishment and Purposes of Fund

Text

(a) The office may not make a payment to a
qualifying individual under section 1(c) of this chapter unless the party
ordered to pay restitution to the qualifying individual has not paid the
full amount of the restitution ordered by the court in the order
described in IC 24-10-1-3(2).
(b) A qualifying individual who seeks payment from the fund of any
amount of the restitution:
(1) ordered by the court to be paid to the individual; and
(2) not paid by the party ordered to pay the restitution;
may file a claim with the office on a form prescribed by the office. A
claim filed under this section must be received by the office not later
than one hundred eighty (180) days after the date of the order described
in IC 24-10-1-3(2). The office may grant an extension of time for good
cause shown by the individual filing the claim. However, the office
may not accept a claim that is received more than two (2) years after
the date of the order described in IC 24-10-1-3(2).
(c) The personal information (as defined in IC 4-1-11-3) of an
individual who files a claim with the office under subsection (b) is
confidential and may not be disclosed or distributed outside the office,
except as may be required by law.
(d) Upon receiving a qualifying claim, the office may pay, from
money available in the fund, to each qualifying individual identified in
the claim under IC 24-10-1-3(3), an amount that:
(1) is determined at the discretion of the office;
(2) may be up to the amount of the restitution awarded to the
qualifying individual and not paid by the party ordered to pay the
restitution; and
(3) may not exceed three thousand dollars ($3,000).
(e) The limits set forth in subsection (d) do not prohibit a qualifying
individual from seeking to recover, in any action or through any other
lawful remedy available to the individual, any amount of the restitution
that:
(1) is awarded to the qualifying individual in the order described
in IC 24-10-1-3(2);
(2) is not paid by the party ordered to pay the restitution; and
(3) exceeds the amount paid to the qualifying individual by the
office under subsection (d).

Legislative History

As added by P.L.121-2011, SEC.2.