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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 31.2. (a) If the director determines that an informal meeting under this chapter is necessary or appropriate, the following procedures apply:
(1) The director shall send a notice of an informal meeting to the licensee. The notice shall set forth the following:
(A) Each reason underlying the director's determination that an informal meeting is necessary.
(B) The subject matter to be discussed at the informal meeting.
(C) A place and time mutually agreed upon, within thirty (30) days of the date of the notice.
(D) If appropriate, any documents, information, or other materials to be produced in a manner and at a time and place designated in the notice.
(2) The director and the recipient may, at any time before an informal meeting, hold a telephone conference or other informal discussion as necessary to determine the location, date, and time of the informal meeting.
(3) An informal meeting under this section must be conducted in person or via a virtual conference with audio, video, and the ability to share, review, and edit documents or other materials in real time.
(4) Minutes summarizing the topics and points discussed, including proposed agreements or remedial actions raised or discussed by the informal meeting participants, must be taken by the agency. A copy of the minutes and any other materials from the informal meeting must be distributed to all participants within five (5) days of the informal meeting.
(b) A consent agreement may be entered into by the agency and the licensee in which the licensee agrees to take or refrain from certain actions in relation to the subject matter of the informal meeting. Any consent agreement at a minimum must contain the following:
(1) Specific description of the underlying facts giving rise to the consent agreement.
(2) Specific steps to be taken by the licensee to rectify or address the subject matter of the informal meeting.
(3) Specific deadlines or periods by or within which the licensee is to act, refrain from acting, or perform under the consent agreement.
(4) Specific deadlines by which the licensee is to notify the agency that the licensee has performed, in whole or in part, under the consent agreement and, as applicable, that the licensee believes it has addressed the subject matter of the informal meeting.
(5) Specific acts or omissions that will constitute a breach of the agreement and specific remedies available to the agency and the licensee to address a breach of the agreement.
(c) The existence and content of an informal meeting under subsection (a), along with the minutes of the meeting and any other related documents, information, or material, and a consent agreement under subsection (b) is confidential.
(d) Any offers or discussions from an informal hearing under subsection (a) are protected under the Indiana Trial Rules of Evidence Trial Rule 408.
Cite this article: FindLaw.com - Indiana Code Title 26. Commercial Law § 26-3-7-31.2 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-26-commercial-law/in-code-sect-26-3-7-31-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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