Ind. Admin. Code tit. 80, r. 9-6-9 – Payment of subcontractors and suppliers by the commission; proration of claims; disputed claims

Sec. 9. (a) If a subcontractor or a supplier files a claim with the commission under section 10 of this rule, and the claim is undisputed, the commission shall do the following:

(1) Pay the claimant from the amounts retained from the contractor under section 2 of this rule.
(2) Take a receipt for each payment.
(3) Deduct the total amount paid to subcontractors and suppliers from the balance due the contractor.

(b) If there is not a sufficient amount owing to the contractor to pay all subcontractors and suppliers making undisputed claims under section 10 of this rule, then the commission shall prorate the amount withheld from the contractor and shall pay the prorated amount to each subcontractor and supplier entitled to a portion of the amount.

(c) If there is a dispute among the contractor, the subcontractors, and the suppliers as to the funds withheld by the commission, the commission shall retain sufficient funds until the dispute is settled and the correct amount to be paid to each person is determined. When the dispute is resolved, the commission shall make payments to persons making claims as provided in this section.

(State Fair Commission; 80 IAC 9-6-9; filed Nov 7, 2016, 3:46 p.m.: 20161207-IR-080160210FRA; readopted filed Nov 15, 2022, 10:12 a.m.: 20221214-IR-080220291RFA)