135 Ind. Admin. Code 4-9-3

Current through October 31, 2024

Section 135 IAC 4-9-3 - Disputes

Authority: IC 8-15.5-7-8; IC 9-21-3.5

Affected: IC 8-15.5; IC 9-21-3.5

Sec. 3.

(a) If a motorist receiving an invoice notice pursuant to section 1 of this rule elects to dispute the assertion that a toll is due, the motorist may request an administrative hearing in accordance with the procedures noted in the invoice notice. The administrative hearing shall be convened and conducted in accordance with KRS Chapter 13B (or corresponding provisions of Indiana law, if any).

(b) The sole purpose of an administrative hearing is to resolve factual disputes over whether the motorist owes a toll.

(c) A motorist who receives an invoice may dispute the toll only on the basis:

(1) that the license plate was misidentified;

(2) that the motorist was incorrectly identified as the registered owner of the vehicle;

(3) that the vehicle shown in the image is not the vehicle to which the license plate has been assigned;

(4) that the vehicle engaged in the crossing had been sold, transferred or stolen at the time of the crossing; or

(5) that the vehicle class has been misidentified.

(d) Notice of the time, location, and hearing officer or officers conducting the administrative hearing shall be provided by certified mail by the state's party responsible for conducting the administrative hearing at least twenty (20) days in advance of the administrative hearing.

(e) Neither the toll operator nor the states' parties shall be required to be present for the administrative hearing, provided that the toll operator shall submit:

(1) the video or photographic images of the crossing in question (including time, date, and location of the crossing);

(2) evidence of the license plate look-up and registration records from the applicable DMV; and

(3) evidence of mailing of the required information to the assigned hearing officer and the motorist at least ten (10) days prior to the administrative hearing.

(f) A motorist may rebut evidence of a toll due by offering evidence on matters described in subsection (c) in writing to the hearing officer and the toll operator.

(g) A motorist may appeal an adverse finding to the applicable court in accordance with KRS Chapter 13B or corresponding provision of Indiana law, if any, and the applicable administrative rules.

(h) A motorist who is unsuccessful in a challenge to the imposition of a toll at an administrative hearing may be liable for additional fees as set forth in the business rules and as published online. A motorist who appeals an adverse decision at an administrative hearing may also be responsible for court costs and additional fees associated with such appeal.

135 IAC 4-9-3

Indiana Finance Authority; 135 IAC 4-9-3; emergency rule filed Oct 24, 2016, 11:53 a.m.: 20161026-IR-135160490ERA, expires Dec 31, 2052; readopted filed 12/1/2022, 11:58 a.m.: 20221228-IR-135220288RFA