in-20260114-IR-010240497FRA: Adds 10 IAC 3-2-2 to prescribe a revised claim form to be used to file a notice of tort claim. Effective 30 days after filing with the publisher.

TITLE 10 OFFICE OF ATTORNEY GENERAL FOR THE STATE Final Rule LSA Document #24-497 DIGEST TORT CLAIM FORM Adds 10 IAC 3-2-2 to prescribe a revised claim form to be used to file a notice of tort claim. Effective 30 days after filing with the publisher. HISTORY Notice of First Public Comment Period: 20241218-IR-010240497FNA Regulatory Analysis submitted with Notice of First Public Comment Period: 20241218-IR-010240497RAA Date of Hearing: January 21, 2025 CITATIONS AFFECTED: 10 IAC 3-2-1; 10 IAC 3-2-2 SUMMARY/RESPONSE TO COMMENTS The Office of Attorney General for the State (OAG) requested public comment from December 18, 2024, through January 17, 2025, and during the public hearing on January 21, 2025. OAG received no comments in response to the Notice of First Public Comment Period. FINAL RULE Sec. 2. (a) A claim for personal injury or property damage against the state of Indiana must be: (b) Subsection (c) applies to a cause of action that accrues during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. A governmental entity or an employee acting within the scope of the employee's employment is not liable for an act or omission arising from COVID-19 unless the act or omission constitutes gross negligence, willful or wanton misconduct, or intentional misrepresentation. If a claim described in subsection (c) is: the claimant is required to comply with all the provisions of IC 34-18. (c) The claim form is as follows: INSTRUCTIONS: Anyone who has a claim for personal injury or property damage against the State of Indiana must either use this form to file a claim or make the claim in writing as prescribed in IC 34-13-3. Immunities are listed on the back of this form. CLAIMANT INFORMATION Name Home Telephone Work Telephone Cellular Telephone Address at Time of Loss (number and street, city, state, and ZIP code) _______________________________________ _______________________________________ Current Address (if different from above) Driver License Number Issuing State Vehicle License Plate Number (if involved) Issuing State LOSS INFORMATION Date of Loss Time of Loss ❑ AM ❑ PM Dollar Amount of Loss State Agency Involved State Vehicle Commission (if known) Exact Location of Loss (include town, street and nearest crossroad) __________________________________________________________________ Loss County Names / Addresses of All Persons Involved (if known) _______________________________________________________________________________ Alleged Negligence _______________________________________________________________________________ Explanation of what happened (Use additional sheets if necessary.) _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Please read: I swear and affirm under the penalties for perjury that the foregoing information is true and correct to the best of my knowledge and belief. Claimant's Signature Date (m/d/yy) Immunity of governmental entity or employee A governmental entity or an employee acting within the scope of the employee's employment is not liable if a loss results from the following: LSA Document #24-497 Notice of First Public Comment Period: December 18, 2024 Approved by Attorney General: December 17, 2025 Approved by Governor: December 18, 2025 Filed with Publisher: December 18, 2025, 3:15 p.m. Documents Incorporated by Reference: None Received by Publisher Small Business Regulatory Coordinator: James Harry, Deputy Attorney General, Advisory Division, Office of the Indiana Attorney General, 302 West Washington Street, 5th Floor, Indiana Government Center South, Indianapolis, IN 46204, (317) 614-0139, james.harry@atg.in.gov