Section 50IAC4.2-11.1-7. Waiver of noncompliance

   (a) This section applies only to the following requirements:

(1) Failure to provide the completed statement of benefits form to the designating body before the hearing required by IC 6-1.1-12.1-2.5(c).

(2) Failure to submit the completed statement of benefits form to the designating body before the:

(A) initiation of the redevelopment or rehabilitation;

(B) installation of new manufacturing equipment, new research and development equipment, new logistical distribution equipment, or new information technology equipment; or

(C) occupation of an eligible vacant building;

for which the person desires to claim a deduction under IC 6-1.1-12.1.

(3) Failure to designate an area as an economic revitalization area before the initiation of the:

(A) redevelopment;

(B) installation of new manufacturing equipment, new research and development equipment, new logistical distribution equipment, or new information technology equipment;

(C) rehabilitation; or

(D) occupation of an eligible vacant building;

for which the person desires to claim a deduction under IC 6-1.1-12.1.

(4) Failure to make the required findings of fact before designating an area as an economic revitalization area or authorizing a deduction for new manufacturing equipment, new research and development equipment, new logistical distribution equipment, or new information technology equipment under IC 6-1.1-12.1-2, IC 6-1.1-12.1-3, IC 6-1.1-12.1-4.5, or IC 6-1.1-12.1-4.8.

(5) Failure to file a:

(A) timely; or

(B) complete;

deduction application under IC 6-1.1-12.1-5, IC 6-1.1-12.1-5.3, or IC 6-1.1-12.1-5.4.

  (b) This section does not grant a designating body the authority to exempt a person from filing a statement of benefits or exempt a designating body from making findings of fact.

  (c) A designating body may by resolution waive noncompliance described under subsection (a) under the terms and conditions specified in the resolution. Before adopting a waiver under this subsection, the designating body shall conduct a public hearing on the waiver. (Department of Local Government Finance; 50 IAC 4.2-11.1-7; filed Feb 26, 2010, 2:43 p.m.: 20100324-IR-050090576FRA)