Section 328IAC1-6-2. Fund payment procedures for third party liability

   (a) If the attorney general determines that the requirements under IC 13-23-9-3 have been met, the attorney general shall approve a request for payment of a third party liability claim not later than sixty (60) days after receiving the request. The administrator shall thereafter pay the approved third party liability claim in accordance with this rule:

(1) if sufficient monies exist after other obligations have been met under 328 IAC 1-2-3;

(2) based upon the category of the fund qualifying occurrence and ranking of the claim under 328 IAC 1-4 if applicable; and

(3) if the administrator determines that the owner or operator is in compliance with the requirements of IC 13-23 and rules adopted thereunder.

  (b) When a third party liability claim is approved by the attorney general but the claim has not already been paid by the owner or operator, then payment shall be made jointly by check to the eligible owner or operator and the third party.

  (c) When a third party liability claim is approved by the attorney general and the owner or operator submits to the administrator documentation verifying that the owner or operator has paid the third party liability claim, payment shall be made directly to the eligible owner or operator.

  (d) Third party liability claims subject to approval by the attorney general shall include the reasonable fees or compensation paid for any of the following:

(1) Access to properties not controlled by the applicant, if not submitted as a reimbursable cost under 328 IAC 1-3-5.

(2) Institutional and engineered controls for off-site properties, including, but not limited to, restrictive covenants as defined under IC 13-11-2-193.5.

(3) Attorney's fees, not to exceed twenty-five percent (25%) of the total claim or thirty thousand dollars ($30,000), whichever is less, shall only be payable if incurred by the owner or operator in defense of a third party liability claim.

(Underground Storage Tank Financial Assurance Board; 328 IAC 1-6-2; filed Dec 4, 1992, 11:00 a.m.: 16 IR 1057; readopted filed Jan 10, 2001, 3:21 p.m.: 24 IR 1534; filed Oct 17, 2001, 4:30 p.m.: 25 IR 802; filed Aug 30, 2004, 9:40 a.m.: 28 IR 143; readopted filed Nov 19, 2010, 9:08 a.m.: 20101215-IR-328100553BFA; filed Feb 24, 2011, 2:04 p.m.: 20110323-IR-328080684FRA)