Section 13-30-1-12 - Failure to intervene; effect(a) In an action in which a petitioner or an intervenor seeking judicial adjudication as provided by this chapter has failed to intervene in an administrative, a licensing, or other similar proceeding, the court may: (1) remit the petitioner or intervenor to the proceeding for amplification of the record in the proceeding; and(2) order the granting of intervention and the granting of review in the proceeding as provided in of this chapter.(b) However, if: (1) intervention was available in the proceeding; and(2) the petitioner or intervenor seeking judicial adjudication under this chapter willfully and inexcusably refused intervention in the proceeding; the court may dismiss the action with prejudice to the petitioner or intervenor.
Pre-1996 Recodification Citation: 13-6-1-6.
As added by P.L. 1-1996, SEC.20.