20150812-IR-010150031FRA Adds 10 IAC 7 establishing the procedures for the homeowner protection unit of the attorney general's office to implement and maintain the tax sale blight registry of all persons ineligible to partic...

TITLE 10 OFFICE OF ATTORNEY GENERAL FOR THE STATE

Final Rule LSA Document #15-31(F)

DIGEST

Adds 10 IAC 7 establishing the procedures for the homeowner protection unit of the attorney general's office to implement and maintain the tax sale blight registry of all persons ineligible to participate in a tax or abandoned home sale for use by county officials conducting tax or abandoned home sales. Effective 30 days after filing with the Publisher.

10 IAC 7

SECTION 1. 10 IAC 7 IS ADDED TO READ AS FOLLOWS:

ARTICLE 7. TAX SALE BLIGHT REGISTRY

Rule 1. Purpose

10 IAC 7-1-1 Purpose of this article

Authority: IC 4-6-12-3

Affected: IC 4-6-12-2; IC 4-6-12-3.6

Sec. 1. This article applies to the operation and maintenance of the tax sale blight registry by the homeowner protection unit of the attorney general's office under IC 4-6-12-2 and IC 4-6-12-3.6 addressing all persons ineligible to participate in a tax or abandoned home sale.

(Office of Attorney General for the State; 10 IAC 7-1-1; filed Jul 13, 2015, 4:06 p.m.: 20150812-IR-010150031FRA)

Rule 2. Definitions

10 IAC 7-2-1 Applicability

Authority: IC 4-6-12-3

Affected: IC 4-6-12; IC 6-1.1-1

Sec. 1. The definitions in IC 6-1.1-1 and this rule apply throughout this article.

(Office of Attorney General for the State; 10 IAC 7-2-1; filed Jul 13, 2015, 4:06 p.m.: 20150812-IR-010150031FRA)

10 IAC 7-2-2 "Person" defined

Authority: IC 4-6-12-3

Affected: IC 4-6-12; IC 6-1.1-1

Sec. 2. "Person" includes the following:

(1) An individual.

(2) An incorporated or unincorporated organization.

(3) An association.

(4) Any other legal entity.

(5) An agent of any of the above.

(Office of Attorney General for the State; 10 IAC 7-2-2; filed Jul 13, 2015, 4:06 p.m.: 20150812-IR-010150031FRA)

10 IAC 7-2-3 "Registry" defined

Authority: IC 4-6-12-3

Affected: IC 4-6-12; IC 6-1.1-1

Sec. 3. "Registry" means the tax sale blight registry as operated and maintained by the unit.

(Office of Attorney General for the State; 10 IAC 7-2-3; filed Jul 13, 2015, 4:06 p.m.: 20150812-IR-010150031FRA)

10 IAC 7-2-4 "Unit" defined

Authority: IC 4-6-12-3

Affected: IC 4-6-12-2; IC 6-1.1-1

Sec. 4. "Unit" means the homeowner protection unit of the attorney general's office established under IC 4-6-12-2.

(Office of Attorney General for the State; 10 IAC 7-2-4; filed Jul 13, 2015, 4:06 p.m.: 20150812-IR-010150031FRA)

10 IAC 7-2-5 "Website" defined

Authority: IC 4-6-12-3

Affected: IC 4-6-12; IC 6-1.1-1; IC 32-30-10.6

Sec. 5. "Website" means the public web portal where county officials and interested persons may check the eligibility of a person to participate in a tax sale or the sale of real property deemed vacant or abandoned under IC 32-30-10.6.

(Office of Attorney General for the State; 10 IAC 7-2-5; filed Jul 13, 2015, 4:06 p.m.: 20150812-IR-010150031FRA)

Rule 3. Operation of Registry

10 IAC 7-3-1 Purpose

Authority: IC 4-6-12-3

Affected: IC 4-6-12-3; IC 4-6-12-3.6

Sec. 1. This rule establishes requirements concerning the registry, which the unit shall develop, operate, and maintain under IC 4-6-12-3 and IC 4-6-12-3.6.

(Office of Attorney General for the State; 10 IAC 7-3-1; filed Jul 13, 2015, 4:06 p.m.: 20150812-IR-010150031FRA)

10 IAC 7-3-2 Management of registry

Authority: IC 4-6-12-3

Affected: IC 4-6-12

Sec. 2. (a) The unit may contract with individuals or organizations with specific expertise to develop software engineering services for the registry database, including the following:

(1) Identification of current, disparate sources of information.

(2) Creation of software to aggregate and update information.

(3) Support services.

(4) Creation of a webpage interface.

(b) The unit, in connection with the Indiana office of technology, will maintain direct control over any information collected.

(Office of Attorney General for the State; 10 IAC 7-3-2; filed Jul 13, 2015, 4:06 p.m.: 20150812-IR-010150031FRA)

10 IAC 7-3-3 Information maintained in registry

Authority: IC 4-6-12-3

Affected: IC 4-6-12; IC 6-1.1-24-5.3; IC 32-30; IC 36-7-9

Sec. 3. The registry shall include information regarding persons who are prohibited from purchasing certain properties at tax or abandoned home sales as described in IC 6-1.1-24-5.3. This may include the following:

(1) Name of person ineligible to participate.

(2) Address of property or properties to which the ineligibility under IC 6-1.1-24-5.3 relates.

(3) Last known address of the ineligible person.

(4) County of the property to which the ineligibility under IC 6-1.1-24-5.3.

(5) Any additional information deemed relevant to the attorney general for the operation and maintenance of the registry.

(Office of Attorney General for the State; 10 IAC 7-3-3; filed Jul 13, 2015, 4:06 p.m.: 20150812-IR-010150031FRA)

10 IAC 7-3-4 Process for adding or removing persons

Authority: IC 4-6-12-3

Affected: IC 4-6-12

Sec. 4. (a) This section addresses the process for adding persons to or removing persons from the registry.

(b) The unit shall promptly add persons ineligible to participate in a tax or abandoned home sale to the registry upon receipt of information from the county.

(c) The unit shall promptly remove persons from the registry upon certification from the county that they are no longer barred from participating in a tax or abandoned home sale.

(Office of Attorney General for the State; 10 IAC 7-3-4; filed Jul 13, 2015, 4:06 p.m.: 20150812-IR-010150031FRA)

10 IAC 7-3-5 Access to registry

Authority: IC 4-6-12-3

Affected: IC 4-6-12

Sec. 5. (a) The information in the registry shall be made available to county officials responsible for conducting tax or abandoned home sales through the website.

(b) All persons may verify, via the website, whether a person is listed on the registry.

(c) County officials may include a link to the website as part of the tax or abandoned home sale registration process.

(Office of Attorney General for the State; 10 IAC 7-3-5; filed Jul 13, 2015, 4:06 p.m.: 20150812-IR-010150031FRA)

10 IAC 7-3-6 Participation requirements

Authority: IC 4-6-12-3

Affected: IC 4-6-12; IC 6-1.1-24-5.3

Sec. 6. (a) All counties that participate in the registry shall promptly submit or authorize and direct their agents to promptly submit all relevant information, as listed under section 3 of this rule, to the unit.

(b) To ensure compliance with this rule, all information shall be submitted in a format prescribed by the unit.

(Office of Attorney General for the State; 10 IAC 7-3-6; filed Jul 13, 2015, 4:06 p.m.: 20150812-IR-010150031FRA)

10 IAC 7-3-7 Accuracy of information

Authority: IC 4-6-12-3

Affected: IC 4-6-12

Sec. 7. All information contained in the registry will be identified by the county providing the information, and that county is responsible for the accuracy, completeness, and correct status of the information at all times. The unit cannot assume responsibility for the accuracy of the information provided by any county.

(Office of Attorney General for the State; 10 IAC 7-3-7; filed Jul 13, 2015, 4:06 p.m.: 20150812-IR-010150031FRA)

LSA Document #15-31(F)

Notice of Intent: 20150121-IR-010150031NIA

Proposed Rule: 20150520-IR-010150031PRA

Hearing Held: June 12, 2015

Approved by Attorney General: June 29, 2015

Approved by Governor: July 7, 2015

Filed with Publisher: July 13, 2015, 4:06 p.m.

Documents Incorporated by Reference: None Received by Publisher

Small Business Regulatory Coordinator: Emily L. Crisler, Deputy Attorney General, Office of the Indiana Attorney General, Indiana Government Center South, 302 West Washington Street, 5th Floor, Indianapolis, IN 46204, [phone], [e-mail]

Posted: 08/12/2015 by Legislative Services Agency

DIN: 20150812-IR-010150031FRA

Composed: Nov 01,2016 2:03:29AM EDT

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