Sec. 3. The attorney general shall:

(1) when the department submits the finding in writing to the attorney general; and

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Terms Used In Indiana Code 8-23-16-3

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • member: means all employees and appointees of the department. See Indiana Code 8-23-16-1
(2) if the attorney general finds the determination to be supported by substantial evidence;

defend the member in the action or authorize the department to hire private counsel to provide a defense.

As added by P.L.18-1990, SEC.225.