Sec. 5. (a) Subject to section 5.5 of this chapter, the department may revoke a certification issued under section 2 of this chapter for at least three (3) years if it determines:

(1) that information given by an applicant was false; or

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Terms Used In Indiana Code 6-1.1-31.5-5

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • department: means the department of local government finance. See Indiana Code 6-1.1-31.5-1
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(2) the product, provider, or service certified does not meet the minimum requirements of the department.

     (b) If a certification is revoked, any Indiana contract that the provider has is void and the contractor may not receive any additional funds under the contract.

     (c) An individual at least eighteen (18) years of age who resides in Indiana and any corporation that satisfies the requirements of this chapter and the rules of the department may be certified as:

(1) a software provider;

(2) a service provider; or

(3) a computer equipment provider.

     (d) A person may not sell, buy, trade, exchange, option, lease, or rent software, computer equipment, or service to a county under this chapter without a certification from the department.

     (e) A contract for computer software, computer equipment, a computer operating program, or computer system service providers under this chapter must contain a provision specifying the following:

(1) The contract is void if the provider’s certification is revoked.

(2) For a provider under a corrective action plan under section 5.5 of this chapter, the contract is not void unless the department:

(A) determines that the provider has failed to substantially correct the noncompliance; and

(B) revokes the provider’s certification under section 5.5(e) of this chapter.

     (f) The department may not limit the number of systems or providers certified by this chapter so long as the system or provider meets the specifications or standards of the department.

As added by P.L.6-1997, SEC.107. Amended by P.L.90-2002, SEC.230; P.L.228-2005, SEC.27; P.L.156-2024, SEC.20.

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