Sec. 48. (a) All registration notification forms, registration renewal forms, applications to amend registrations, reports, and other papers and documents filed with the commissioner under this chapter shall be open to public inspection. The commissioner may publish any information filed with or obtained by the commissioner. No provision of this chapter authorizes the commissioner or any of the commissioner's assistants, clerks, or deputies to disclose any information withheld from public inspection except among themselves or when necessary or appropriate in a proceeding or investigation under this chapter or to other federal or state regulatory agencies. No provision of this chapter either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the commissioner or any of the commissioner's assistants, clerks, or deputies.
(b) It is unlawful for the commissioner or any of the commissioner's assistants, clerks, or deputies to use for personal benefit any information which is filed with or obtained by the commissioner and which is not then generally available to the public.
(c) Upon request, and at such reasonable charges as the commissioner prescribes by rule, the commissioner shall furnish to any person photostatic or other copies (certified by the commissioner if certification is requested) of any document which is retained as a matter of public record, except that the commissioner shall not charge or collect any fee for photostatic or other copies of any document furnished to public officers for use in their official capacity.
(d) The commissioner may destroy any registration notification forms, together with the files and folders, as useless or obsolete, four (4) years after the date of registration; provided that a permanent record shall be maintained of any disciplinary action taken by the commissioner and of all orders issued under this chapter.
(e) Copies on microfilm or in other form which may be retained by the commissioner of any records destroyed under this section shall be accepted for all purposes as equivalent to the original when certified by the commissioner.
Formerly: Acts 1975, P.L.262, SEC.1. As amended by P.L.168-2001, SEC.15.
Structure Indiana Code
Title 23. Business and Other Associations
Article 2. Securities and Franchises
23-2-2.5-0.5. Consideration of Franchisor as Employer or Co-Employer
23-2-2.5-2. Application of Chapter
23-2-2.5-4. Exempt Franchisees
23-2-2.5-5. Sales Exempted by Commissioner
23-2-2.5-6. Denial or Revocation of Exemptions; Grounds
23-2-2.5-7. Notice of Denial or Revocation of Exemptions; Hearing
23-2-2.5-8. Determination of Exemption; Request; Fee; Notice; Hearing; Order
23-2-2.5-9. Offer or Sale of Franchise; Requisites; Disclosure Statement
23-2-2.5-10.5. Registration of Franchise; Notification Form
23-2-2.5-11. Signatures and Verifications
23-2-2.5-12. Escrow or Impoundment of Franchise Fees; Inadequate Funding
23-2-2.5-13. Disclosure Statements
23-2-2.5-13.1. Material Change in Information; Amended Disclosure Statement Required
23-2-2.5-14. Stop Orders; Descriptions of Charges
23-2-2.5-15. Notice of Stop Order
23-2-2.5-16. Stop Orders; Vacating or Modifying
23-2-2.5-17. Effectiveness of Registration
23-2-2.5-18. Renewal of Registration; Period
23-2-2.5-23. Registration or Filing Not Considered Finding Upon Merits
23-2-2.5-24. Consent to Service of Process on Secretary of State
23-2-2.5-26. Advertisements Containing False Statements; Notification; Hearing
23-2-2.5-27. Fraud or Deceit Unlawful
23-2-2.5-28. Violations; Judgment; Damages; Interest; Attorney's Fees
23-2-2.5-29. Aiders and Abettors in Violations; Joint and Several Liability
23-2-2.5-30. Limitation of Actions
23-2-2.5-31. Survival of Actions
23-2-2.5-33. Investigations; Proceedings; Powers; Self-Incrimination
23-2-2.5-34. Violations; Orders and Notices; Hearing; Costs; Civil Penalties; Enforcement Action
23-2-2.5-36. Prosecution of Violations
23-2-2.5-37. Violations; Felony
23-2-2.5-38. Conduct Equivalent to Appointment of Secretary of State for Service of Process
23-2-2.5-39. Exemption or Classification; Burden of Proof
23-2-2.5-40. Certificate of Commissioner as Evidence
23-2-2.5-41. Statements and Documents Filed With Secretary of State as Evidence
23-2-2.5-42. Administration of Chapter
23-2-2.5-43. Fees and Funds; Accounting; Fees for Registration and Renewal
23-2-2.5-45. Assistance of Attorney General; Expenses
23-2-2.5-46. Liability for Performance of Official Duties
23-2-2.5-47. Construction and Purpose of Chapter
23-2-2.5-49. Construction With Other Laws
23-2-2.5-50. Administrative Orders and Procedures
23-2-2.5-51. Service Stations; Succession to Ownership by Family Member of Deceased Franchisee