§ 5-11-5.5-3 — Duties of inspector general and attorney general; concurrent jurisdiction to investigate; civil actions; when inspector general may bring a civil action; venue

Indiana § 5-11-5.5-3

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 11: ACCOUNTING FOR PUBLIC FUNDS
• Ch. 5.5: False Claims and Whistleblower Protection

Text

(a) The:
(1) attorney general; and
(2) inspector general;
have concurrent jurisdiction to investigate a violation of section 2 of
this chapter.
(b) If the attorney general discovers a violation of section 2 of this
chapter, the attorney general may bring a civil action under this chapter
against a person who may be liable for the violation.
(c) If the inspector general discovers a violation of section 2 of this
chapter, the inspector general shall certify this finding to the attorney
general. The attorney general may bring a civil action under this
chapter against a person who may be liable for the violation.
(d) If the attorney general or the inspector general is served by a
person who has filed a civil action under section 4 of this chapter, the
attorney general has the authority to intervene in that action as set forth
in section 4 of this chapter.
(e) If the attorney general:
(1) is disqualified from investigating a possible violation of
section 2 of this chapter;
(2) is disqualified from bringing a civil action concerning a
possible violation of section 2 of this chapter;
(3) is disqualified from intervening in a civil action brought under
section 4 of this chapter concerning a possible violation of section
2 of this chapter;
(4) elects not to bring a civil action concerning a possible
violation of section 2 of this chapter; or
(5) elects not to intervene under section 4 of this chapter;
the attorney general shall certify the attorney general's disqualification
or election to the inspector general.
(f) If the attorney general has certified the attorney general's
disqualification or election not to bring a civil action or intervene in a
case under subsection (e), the inspector general has authority to:
(1) bring a civil action concerning a possible violation of section
2 of this chapter; or
(2) intervene in a case under section 4 of this chapter.
(g) The attorney general shall certify to the inspector general the
attorney general's disqualification or election under subsection (e) in a
timely fashion, and in any event not later than:
(1) sixty (60) days after being served, if the attorney general has
been served by a person who has filed a civil action under section
4 of this chapter; or
(2) one hundred eighty (180) days before the expiration of the
statute of limitations, if the attorney general has not been served
by a person who has filed a civil action under section 4 of this
chapter.
(h) A civil action brought under section 4 of this chapter may be
filed in:
(1) a circuit or superior court in Marion county; or
(2) a circuit or superior court in the county in which a defendant
or plaintiff resides.
(i) The state is not required to file a bond under this chapter.

Legislative History

As added by P.L.222-2005, SEC.23.