Sec. 39. (a) If a person fails to discharge a duty imposed by this chapter other than remitted assessments, the council shall allow the person an opportunity to present comments to the council concerning reasons why the council should not bring legal action against the person. If it is necessary to obtain compliance with this chapter, the council may bring an action against the person in a circuit, superior, or municipal court of any county seeking an injunction mandating compliance and any other appropriate legal remedies.
(b) In an action under this section, the council may be granted injunctive relief without establishing the absence of an adequate remedy at law.
[Pre-2008 Recodification Citation: 15-4-10-31.]
As added by P.L.2-2008, SEC.6.
Structure Indiana Code
Title 15. Agriculture and Animals
Article 15. Horticulture Products
Chapter 12. Indiana Corn Market Development
15-15-12-1. Application of Chapter
15-15-12-5. "Dean of Agriculture"
15-15-12-10. "Market Development"
15-15-12-20. Appointment of Nonvoting Council Members
15-15-12-21. Election Districts; Qualifications; Appointments; Ex Officio Members
15-15-12-22. Date of Election; Notice
15-15-12-23. Ballots; Petitions; Forms
15-15-12-25. Election Judges; Teller Committee; Traveling Expenses
15-15-12-26. Election; Date and Location
15-15-12-29. Payment of Expenses; Investments; Market Development
15-15-12-31. Liability for Debts and Actions of the Council
15-15-12-32. Assessments; Collection; Handling Fee
15-15-12-34. Information to Be Included in Checkoff Refund Form
15-15-12-36. Failure to Remit Assessments; Hearing; Civil Action; Penalty
15-15-12-37. Restrictions on Use of Assessment
15-15-12-38. Procedures for Termination if Refunds Are Greater Than 25%