Compliance with statement of benefits; hearing; consequences of
noncompliance; appeal
Sec. 12. (a) At any time within twenty (20) years after the date
that a business has been designated as a high impact business under
section 8 of this chapter, the designating body may determine
whether the high impact business owner has substantially complied
with the statement of benefits approved under section 9 of this
chapter. If the designating body determines that the high impact
business owner has not substantially complied with the statement of
benefits and that the failure to substantially comply was not caused
by factors beyond the control of the high impact business owner
(such as declines in demand for the property owner's products or
services), the designating body shall mail a written notice to the high
impact business owner. The written notice must include the
following provisions:
(1) An explanation of the reasons for the designating body's
determination.
(2) The date, time, and place of a hearing to be conducted by
the designating body for the purpose of further considering the
high impact business owner's compliance with the statement of
benefits. The date of the hearing must be not less than fifteen
(15) and not more than thirty (30) days after the date on which
the notice is mailed.
(b) On the date specified in the notice described in subsection
(a)(2), the designating body shall conduct a hearing to further
consider the high impact business owner's compliance with the
statement of benefits. Based on the information presented at the
hearing by the high impact business owner and other interested
parties, the designating body shall again determine whether the high
impact business owner has made reasonable efforts to substantially
comply with the statement of benefits and whether any failure to
substantially comply was caused by factors beyond the control of the
high impact business owner. If the designating body determines that
the high impact business owner has not made reasonable efforts to
comply with the statement of benefits, the designating body shall
adopt a resolution either:
(1) terminating the high impact business owner's property tax
credit under section 10 of this chapter; or
(2) imposing a penalty under section 13 of this chapter if the
failure to comply with the statement of benefits occurs more
than ten (10) years after the first year in which the high impact
business claimed a property tax credit under section 11 of this
chapter.
(c) If the designating body adopts a resolution terminating the
high impact business owner's property tax credit under this chapter:
(1) the credit does not apply to the next installment of property
taxes owed by the high impact business owner or to any
subsequent installment of property taxes;
(2) the high impact business owner shall pay the amount
determined under section 14(e) of this chapter to the county
treasurer; and
(3) the county treasurer shall distribute the money paid under
this section in accordance with section 14(f) of this chapter.
(d) If the designating body adopts a resolution terminating a
property tax credit under subsection (b), the designating body shall
immediately mail a certified copy of the resolution to:
(1) the high impact business owner; and
(2) the county auditor.
The county auditor shall remove the property tax credit from the tax
duplicate and shall notify the county treasurer of the termination of
the credit. If the designating body's resolution is adopted after the
county treasurer has mailed the statement required by IC 6-1.1-22-8,
the county treasurer shall immediately mail the high impact business
owner a revised statement that reflects the termination of the
property tax credit.
(e) A high impact business owner whose property tax credit under
section 10 of this chapter is terminated by the designating body under
this section may appeal the designating body's decision by filing a
complaint in the office of the clerk of the circuit or superior court,
together with a bond conditioned to pay the costs of the appeal if the
appeal is determined against the high impact business owner. An
appeal under this subsection shall be promptly heard by the court
without a jury and determined within thirty (30) days after the time
of the filing of the appeal. The court shall hear evidence on the
appeal and may confirm the action of the designating body or sustain
the appeal. The judgment of the court is final unless an appeal is
taken as in other civil actions.
(f) If an appeal under subsection (e) is pending, the taxes resulting
from the termination of the property tax credit under this chapter and
the payment required by this section are not due until after the appeal
is finally adjudicated and the termination of the credit is finally
determined.
As added by P.L.146-2002, SEC.1.
Last modified: May 28, 2006