Section 50 IAC 26-19-4 - DisputesAuthority: IC 6-1.1-31-1; IC 6-1.1-31.5-3.5
Affected: IC 6-1.1-31.5
Sec. 4.
(a) This section applies to all vendors. Disputes between vendors and counties concerning whether the assessment software or tax and billing software meets the standards established in this article shall be resolved by the department in accordance with this section. Disputes concerning other contractual matters shall be resolved through arbitration. Nothing in this article shall be construed as limiting the rights of disputing parties to pursue action in the courts of the state after the procedures of this article have been exhausted.(b) A party to a dispute shall file with the department a written petition for conflict resolution. This petition shall include the following:(1) A statement that the petitioner is a party to a contract with a vendor for assessment software or tax and billing software subject to the provisions of this article.(2) The identity of the vendor and the:(A) property tax management system;(B) assessment software; or(C) tax and billing software; about which the complaint is filed.
(3) An allegation that the: (A) property tax management system;(B) assessment software; or(C) tax and billing software; fails to meet requirements of this article, stating specifically the ways in which the system is alleged to violate specified provisions.
(4) Written proof that a copy of the petition has been delivered to the vendor whose system or software is the subject of the dispute.(c) Within fifteen (15) days of receipt of a copy of the petition, the opposing party must file with the department a response to each item specified in the complaint.(d) On the earlier of: (1) receipt of a response; or(2) fifteen (15) days following the filing of the petition; the department shall initiate an investigation into the complaint. This investigation may be conducted by the department, its staff, or a designated agent. The person conducting the investigation shall prepare findings of fact and submit those to the department.
(e) The parties shall make the following available to the investigation:(3) Technical documentation.(4) Any other materials or information sources required by the department or its agent.(f) On receipt of findings of fact, the department shall review the petition and hold a hearing on the petition. All parties to the complaint shall be entitled representation at the hearing. The department may, in its discretion: (1) find for the vendor or petitioner; or(2) continue the investigation.(g) If the department finds that the software or system fails to meet the requirements of this article, it may do the following:(1) Decertify the software or system, or both, and forbid any of the following: (2) Impose specific conditions on continued certification of the computer system.(3) Require specific changes and new certification tests.Department of Local Government Finance; 50 IAC 26-19-4; filed Jan 28, 2011, 3:07 p.m.: 20110223-IR-050100165FRA