Section 25 IAC 6-3-1 - Duties of the commissionerAuthority: IC 4-2-8-7
Affected: IC 4-2-8-5; IC 4-2-8-6; IC 4-21.5-3; IC 5-14-3
Sec. 1.
(a) The commissioner shall:(1) prescribe forms for the: (A) initial registration statements;(D) termination reports; and(E) other documents; required to be filed under this article; and(2) make the forms available to persons required to file those forms.(b) In cooperation with the inspector general, the commissioner shall:(1) adopt a form for the statement to be filed under 25 IAC 6-2-2(b); and(2) include such form in materials made available to persons required to file a registration statement.(c) The commissioner shall: (1) prepare and publish instructions setting forth recommended, uniform methods of reporting for use by persons required to file statements and reports under this article;(2) make such instructions available on the department's website; and(3) implement a process for:(A) answering any questions; and(B) providing any necessary guidance; regarding the application of the instructions to these rules.(d) The commissioner shall be responsible for notifying executive branch lobbyists of deficiencies, inadequacies, and delinquencies in registration statements, reports, and other documents filed or to be filed with the department under this article.(e) The commissioner shall compile and maintain an index of all reports and statements filed with the department under this article to facilitate public access to these reports and statements.(f) The commissioner may audit the accuracy of registration statements or other documents filed under this article by requiring the executive branch lobbyist to submit verified statements and other supporting documentation. Disclosure of such documents shall be subject to IC 5-14-3 and the exceptions and exemptions contained therein.(g) The commissioner shall notify an executive branch lobbyist of any violations or errors discovered during an audit. The executive branch lobbyist shall within thirty (30) days from receipt of the notification file an amended statement meeting all requirements set forth in this article. If no amended statement is filed within thirty (30) days of receipt of the notification, or if an amended statement does not adequately address the deficiencies discovered during the audit, the commissioner may: (1) refer the file to the office of the inspector general; and(2) deem the executive branch lobbyist unregistered until an appropriate amendment is filed.(h) The department shall preserve statements and reports filed under this article for a period of four (4) years from the date of receipt.(i) If the department finds that:(1) a statement or report required to be filed under this article was materially incorrect;(2) the person filing the statement or report was requested to file a corrected statement or report; and(3) a corrected statement or report has not been filed; the department may refer the matter to the inspector general or, after a hearing conducted under IC 4-21.5-3, take action under subsection (j).(j) If the department makes a finding under subsection (i), the department may do either or both of the following: (1) Revoke the registration of the person who has failed to file a corrected statement or report.(2) For a finding made after June 30, 2007, assess a civil penalty on the person who has failed to file a corrected statement or report of not more than five hundred dollars ($500).(k) The department may impose either or both of the following sanctions if, after a hearing under IC 4-21.5-3, the department finds that a person has failed to file a registration statement or a report required by this article: (1) Revoke the person's registration.(2) For a finding made after June 30, 2007, assess a civil penalty on the person of not more than five hundred dollars ($500).(l) In imposing sanctions under this section, the department shall consider the following: (1) Whether the failure to file the statement or report was willful or negligent.(2) Any mitigating circumstances.Indiana Department of Administration; 25 IAC 6-3-1; filed Dec 2, 2005, 2:00 p.m.: 29 IR 1204; filed Mar 10, 2008, 12:58 p.m.: 20080409-IR-025070231FRAReadopted filed 10/31/2014, 1:19 p.m.: 20141126-IR-025140349RFAReadopted filed 9/10/2018, 10:50 a.m.: 20181010-IR-025180324RFAReadopted filed 8/8/2024, 9:59 a.m.: 20240904-IR-025230768RFA