Bt law letter_bmv_2015.04.29

11 S. Meridian Street Indianapolis, IN 46204-3535 317-236-1313 317-231-7433 (Fax) www.btlaw.com Matthew E. Morgan (317) 231-6421 Matthew.Morgan@BTLaw.com April 29, 2015 Indiana Bureau of Motor Vehicles Attn: Patrick Price, General Counsel 100 North Senate Avenue, Room 404 Indianapolis, IN 46204 Dear Mr. Price: This letter does not constitute legal advice between the law firm of Barnes & Thornburg LLP and the Indiana Bureau of Motor Vehicles (the “Bureau”). We offer this letter for the limited purpose of identifying certain options that are available to address certain limitations on the guidance currently available in the Indiana Code. Both the Bureau and Barnes & Thornburg have identified ambiguities and gaps in the Indiana Code that may affect the Bureau’s ability to operate. Operating under laws that do not provide clear direction on how to classify vehicles and charge customers creates unfortunate risks for the Bureau and the citizens of Indiana. At your request, we have identified four non-mutually exclusive options for addressing these circumstances: (1) work with the Indiana General Assembly to amend or rewrite the Indiana Code to clarify existing law; (2) promulgate administrative rules “necessary to carry out” the Bureau’s work, as appropriate, See IND.CODE § 9-14-2-2(a); (3) publish guidelines that announce and explain the Bureau’s interpretations where the Code is imprecise or fails to address issues essential to operations; or (4) continue to operate under the Indiana Code as written. Which options are legally and practically appropriate to address specific ambiguities or gaps in the Code can only be determined on a case-by-case basis. Nonetheless, we hope this letter assists the Bureau’s assessment of how to proceed. Sincerely, Matthew E. Morgan

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Transcript of Bt law letter_bmv_2015.04.29

11 S. Meridian StreetIndianapolis, IN 46204-3535317-236-1313317-231-7433 (Fax)

www.btlaw.com

Matthew E. Morgan

(317) [email protected]

April 29, 2015

Indiana Bureau of Motor VehiclesAttn: Patrick Price, General Counsel100 North Senate Avenue, Room 404Indianapolis, IN 46204

Dear Mr. Price:

This letter does not constitute legal advice between the law firm of Barnes & Thornburg LLP andthe Indiana Bureau of Motor Vehicles (the “Bureau”). We offer this letter for the limited purpose ofidentifying certain options that are available to address certain limitations on the guidance currentlyavailable in the Indiana Code.

Both the Bureau and Barnes & Thornburg have identified ambiguities and gaps in the IndianaCode that may affect the Bureau’s ability to operate. Operating under laws that do not provide cleardirection on how to classify vehicles and charge customers creates unfortunate risks for the Bureau andthe citizens of Indiana.

At your request, we have identified four non-mutually exclusive options for addressing thesecircumstances:

(1) work with the Indiana General Assembly to amend or rewrite the Indiana Code to clarifyexisting law;

(2) promulgate administrative rules “necessary to carry out” the Bureau’s work, asappropriate, See IND. CODE § 9-14-2-2(a);

(3) publish guidelines that announce and explain the Bureau’s interpretations where the Codeis imprecise or fails to address issues essential to operations; or

(4) continue to operate under the Indiana Code as written.

Which options are legally and practically appropriate to address specific ambiguities or gaps inthe Code can only be determined on a case-by-case basis. Nonetheless, we hope this letter assists theBureau’s assessment of how to proceed.

Sincerely,

Matthew E. Morgan