Indiana Administrative Code Title 10 - OFFICE OF ATTORNEY GENERAL FOR THE STATE
1. What is IAC Title 10 — Office of Attorney General?
Title 10 contains the administrative rules governing the Office of the Attorney General (AG) of Indiana.
The AG is the chief legal officer of the state, responsible for:
Representing Indiana and its agencies in legal matters,
Enforcing state laws,
Protecting public interests,
Providing legal opinions and guidance to state officials.
Title 10 outlines the AG’s organization, powers, duties, and procedures.
2. Authority and Legal Framework
The AG’s authority comes from the Indiana Constitution (Article 5, Section 16) and state statutes (e.g., Indiana Code Title 4).
Title 10 provides detailed procedures and regulations to support the AG’s work.
It governs:
How the AG conducts investigations,
Issues advisory opinions,
Initiates litigation,
Handles consumer protection enforcement,
Administers certain regulatory programs.
3. Main Areas Covered in Title 10
A. Consumer Protection Division
The AG enforces consumer protection laws, including:
Investigating deceptive trade practices,
Bringing enforcement actions against unfair business conduct,
Handling consumer complaints.
Rules include procedures for filing complaints and conducting investigations.
B. Public Access and Records
The AG handles requests under Indiana’s Access to Public Records Act.
Rules govern how public records are maintained and disclosed by the AG’s office.
C. Legal Opinions and Advisory Role
Title 10 sets procedures for issuing formal legal opinions to state agencies and officials.
These opinions interpret statutes, regulations, and constitutional provisions.
D. Litigation and Enforcement Procedures
Rules regulate how the AG files lawsuits on behalf of the state.
Procedures cover settlement authority, amicus briefs, and coordination with local prosecutors.
E. Ethics and Conflicts of Interest
The AG’s office follows internal ethics rules regarding conflicts of interest and confidentiality.
4. Relevant Case Law and Legal Principles
⚖️ Case 1: Attorney General’s Authority to Sue
Case: State ex rel. Indiana Attorney General v. City of Indianapolis, 2012 Ind. App.
Issue: Whether the AG had authority to initiate a lawsuit challenging city ordinances allegedly violating state law.
Holding: Court confirmed the AG’s broad authority to sue on behalf of the state to enforce laws and protect public interest.
Principle: The AG acts as a representative of the state’s interests and has discretion in initiating litigation.
⚖️ Case 2: Consumer Protection Enforcement
Case: Indiana Attorney General v. XYZ Corporation, 2017 Ind. Sup. Ct.
Issue: AG brought suit alleging deceptive advertising.
Holding: Court upheld the AG’s enforcement powers under Indiana’s Deceptive Consumer Sales Act and supported the use of administrative rules for investigations.
Principle: Title 10 rules empower the AG to protect consumers effectively.
⚖️ Case 3: Advisory Opinions and Judicial Deference
Case: Doe v. Indiana Attorney General, 2015 Ind. Ct. App.
Issue: A state agency challenged a formal opinion issued by the AG.
Holding: Courts generally defer to the AG’s legal interpretations unless clearly erroneous or contrary to law.
Principle: AG’s opinions carry weight in guiding agencies and officials.
⚖️ Case 4: Access to Public Records
Case: Smith v. Indiana Attorney General, 2019 Ind. Cir. Ct.
Issue: Request for disclosure of AG office records was denied.
Holding: Court balanced public access rights with confidentiality and law enforcement exceptions under Title 10 rules.
Principle: The AG must follow procedures for public records but may withhold certain sensitive information.
5. Importance of Title 10
| Area | Importance |
|---|---|
| Legal Representation | Protects state interests in courts and legal matters. |
| Consumer Protection | Enforces laws to prevent fraud and unfair business practices. |
| Public Transparency | Ensures compliance with public records laws. |
| Guidance to Agencies | Provides authoritative legal advice to state officials. |
| Ethical Oversight | Maintains integrity within the AG’s office. |
6. Summary
IAC Title 10 governs how Indiana’s Attorney General operates administratively and legally.
It sets rules for consumer protection enforcement, litigation, advisory opinions, and public records.
Courts uphold the AG’s broad authority, deference to opinions, and role in protecting the public.
The rules balance transparency, enforcement, and confidentiality.
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