Sec. 1. (a) If a person determines that the records of the bureau contain a material error with respect to the person or the person's records, the person may notify the bureau in writing of the material error.
(b) Not more than thirty (30) days after the bureau receives notice under subsection (a), the bureau shall determine if a material error was made.
(c) If the bureau determines that a material error was made with respect to the person's records, the bureau shall provide written notice to the person and correct the error, including removing any suspension of the person's driving privileges or registration and reinstating the person's driving privileges or registration.
(d) If the bureau determines that a material error exists with respect to an action under IC 9-30-10, the bureau shall notify the prosecuting attorney of the county in which the action originated of the bureau's determination of the material error. The prosecuting attorney is entitled to respond to the bureau's determination.
(e) A person aggrieved by the bureau's determination of a material error under this section may seek judicial review of the determination under section 3 of this chapter.
(f) The bureau may enter into an agreement with the office of administrative law proceedings under IC 4-15-10.5-12 to conduct a review under this section on the bureau's behalf.
As added by P.L.149-2015, SEC.110. Amended by P.L.111-2021, SEC.91.
Structure Indiana Code
Article 33. Administrative Procedures
Chapter 2. Material Error Review
9-33-2-1. Determination of Material Error; Review; Notice; Judicial Review
9-33-2-2. Actions Taken by Bureau; Judicial Review
9-33-2-3. Judicial Review; Petition; Contents; Stay of Underlying Action
9-33-2-4. Summons; Service; Application of Rules of Trial Procedures; Court Costs and Fees