Sec. 10. (a) A public officer or responsible officer of an audited entity who:
(1) fails to make, verify, and file with the state examiner any report required by this chapter;
(2) fails to follow the directions of the state examiner in keeping the accounts of the officer's office;
(3) refuses the state examiner, deputy examiner, field examiner, or private examiner access to the books, accounts, papers, documents, cash drawer, or cash of the officer's office; or
(4) interferes with an examiner in the discharge of the examiner's official duties;
commits a Class B infraction. The court may also order the officer described in this subsection to forfeit the officer's office.
(b) As an alternative to an order to forfeit office under subsection (a), a court in which an action described in subsection (a) is filed may impose a civil penalty that does not exceed five hundred dollars ($500) for each day, beginning on the day that the court imposes the civil penalty and each day thereafter, that the public officer or responsible officer continues to violate an obligation described in subsection (a). The individual is personally liable for a civil penalty imposed on the individual under this section.
(c) The state board of accounts may collect the expenses incurred in carrying out the audit, examination, or engagement from the audited entity of the officer described in this section.
Formerly: Acts 1909, c.55, s.10. As amended by Acts 1978, P.L.2, SEC.507; P.L.3-1986, SEC.12; P.L.157-2020, SEC.6.
Structure Indiana Code
Title 5. State and Local Administration
Article 11. Accounting for Public Funds
Chapter 1. State Board of Accounts Created
5-11-1-1. Establishment; Members; Appointment; Qualifications; Terms; Tenure
5-11-1-2. System of Accounting and Reporting
5-11-1-7. Field Examiners; Private Examiners; State Colleges and Universities; Experts
5-11-1-9.3. Examination of Certain Bodies Corporate and Politic
5-11-1-9.5. Confidential Reporting; Grounds for Examination; Retaliation; Relief
5-11-1-9.7. Withdrawal or Removal of Counties From Solid Waste Management Districts
5-11-1-11. Records of Money Collected; Public Inspection
5-11-1-13. Warrants or Checks of State or Municipality; Receipts or Quietus; Correctness of Claims
5-11-1-14. Salaries and Traveling Expenses of State Examiner, Deputies, and Assistants
5-11-1-15. Bonds and Crime Policies for Faithful Performance
5-11-1-18. Examinations Without Notice; Disclosure; Offense
5-11-1-19. Copyrighting Uniform Bookkeeping System; Purchase of Public Office Supplies
5-11-1-24. Uniform Compliance Guidelines for Examinations and Reports
5-11-1-26. Examination Reports; Requisites; Performance of Public Works; Powers of Board
5-11-1-28. Annual Internal Audit and Report Required for Certain Agencies
5-11-1-28.2. Access to Statement Filed by Financial Institutions
5-11-1-29. Access to Software Supplied to a Political Subdivision
5-11-1-30. Request for Examination According to Generally Accepted Accounting Principles
5-11-1-31. Examination of School Corporations; Revenue Spending Plans