Section 6-1.5-5-6 - Time limits for hearings and final determination; appeal options; when de novo review required(a) The Indiana board shall conduct a hearing or cause a hearing to be conducted within six (6) months after a petition in proper form is filed with the Indiana board, excluding any time due to a delay reasonably caused by the petitioner.(b) The Indiana board shall make a final determination within the later of forty-five (45) days after the hearing or the date set in an extension order issued by the Indiana board. However, the Indiana board may not extend the final determination date by more than one hundred eighty (180) days.(c) The failure of the Indiana board to conduct a hearing within the period prescribed in this section does not constitute notice to the person of an Indiana board final determination.(d) If the Indiana board fails to make a final determination within the time allowed by this section after a hearing, the entity that initiated the petition may: (1) take no action and wait for the Indiana board to make a final determination; or(2) initiate a proceeding for judicial review by taking the action required by IC 6-1.1-15-5(b) at any time after the maximum time elapses.(e) If: (1) a judicial proceeding is initiated under subsection (d); and(2) the Indiana board has not issued a determination; the tax court shall determine the matter de novo.
As added by P.L. 198-2001, SEC.95. Amended by P.L. 154-2006, SEC.64.