Ind. Code § 4-3-6-9
No legal action, or other proceeding lawfully commenced by or against the head of any agency or other officer of the state, in the head's or other officer's official capacity or in relation to the discharge of the head's or other officer's official duties, shall abate by reason of the taking effect of any reorganization plan under the provisions of this chapter. The court may, on motion or supplemental petition filed at any time within twelve (12) months after the reorganization plan takes effect, showing a necessity for a survival of the action, or other proceeding to obtain a settlement of the questions involved, allow the same to be maintained by or against the successor of the head or officer under the reorganization effected by the plan or, if there is no successor, against the agency or officer as the governor shall designate.
IC 4-3-6-9