Authority: IC 8-1-1-3

Affected: IC 8-1-2

Sec. 3. (a) If, after review, the commission's consumer affairs division determines that the landlord has failed to comply with the requirements of IC 8-1-2-1.2 or this rule, the consumer affairs division and the commission may require one (1) or more of the following remedies:

1. (1) Require the landlord or association to adjust its sub-billing practices prospectively.
2. (2) Require the landlord or association to refund, as outlined in 170 IAC 15-2-5, payments that exceed the amount sub- billed if the sub-bills had complied with IC 8-1-2-1.2 or this article.

(b) A landlord or an association is regulated as a public utility under IC 8-1-2 if:

1. (1) the landlord or association has not provided the records and information necessary to determine compliance with this rule within fifteen (15) days of a request or a longer period agreed upon with the consumer affairs division; or
2. (2) the landlord or association has failed to comply with a previous determination by the consumer affairs division within ninety (90) days or a longer period agreed upon with the consumer affairs division.

(c) A public utility is required to file its rates and charges under IC 8-1-2-38 and obtain commission approval of any changes to its rates and charges under IC 8-1-2-44 or the rates and charges are considered unlawful under IC 8-1-2-44 and cannot be assessed on the landlord's tenants or the association's members or co-owners. A landlord or an association may recommence sub-billing under this article if it corrects any deficiency under this subsection or receives a determination from the consumer affairs division permitting sub-billing under this article.

(Indiana Utility Regulatory Commission; 170 IAC 15-3-3; filed Mar 31, 2010, 3:18 p.m.: 20100428-IR-170090790FRA; readopted filed Jul 12, 2016, 10:01 a.m.: 20160810-IR-170160168RFA; readopted filed Jul 12, 2022, 12:18 p.m.: 20220810-IR-170220116RFA; filed Apr 9, 2024, 10:12 a.m.: 20240508-IR- 170230776FRA)