Indiana Code § 22-9-1-16

Election of civil action
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Sec. 16. (a) A respondent or a complainant may elect to have the claims that are the basis for a finding of probable cause decided in a civil action as provided by section 17 of this chapter. However, both the respondent and the complainant must agree in writing to have the claims decided in a court of law. The agreement must be on a form provided by the commission.       (b) The election may not be made if the commission has begun a hearing on the record under this chapter with regard to a finding of probable cause.

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