1. (a) In an action in which a petitioner or an intervenor seeking judicial adjudication as provided by this chapter has failed to intervene in an administrative, a licensing, or other similar proceeding, the court may:

   1. (1) remit the petitioner or intervenor to the proceeding for amplification of the record in the proceeding; and
   2. (2) order the granting of intervention and the granting of review in the proceeding as provided in of this chapter.

2. (b) However, if:

   1. (1) intervention was available in the proceeding; and

   2. (2) the petitioner or intervenor seeking judicial adjudication under this chapter willfully and inexcusably refused intervention in the proceeding;

      the court may dismiss the action with prejudice to the petitioner or intervenor.

      [Pre-1996 Recodification Citation: 13-6-1-6.]

As added by P.L.1-1996, SEC.20.