Former BMV worker says he alerted agency to overcharges

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First it was drivers' licenses. Now a new lawsuit against the Bureau of Motor Vehicles says Hoosiers were overcharged on as many as 30 types of licenses and registrations.

For the first time, we're hearing from a BMV employee who says he informed the commissioner more than two years ago the agency was taking more money than it should.

Refunds for drivers licenses are barely settled. Now Indiana drivers could be in line for more cash back based on a second lawsuit claiming the agency over charged: $3 for motorcycle endorsements and personalized plates, $1 for duplicate titles and as much as $11 for antique year registrations.

Worse yet, the BMV's former Deputy Director of Fee Code Management now says his bosses knew there was a problem. In a videotaped deposition, Matthew Foley says he found discrepancies in a fee mapping project.

An attorney asked Foley, "Did you advise anyone that you believed that the citizens of Indiana were being overcharged by the BMV?"

"Yes, I did," Foley responded.

"Who did you tell that to?" questioned the attorney.

"Many people," said Foley.

Still, he says no one ever promised to correct the fees. Foley says he was told the BMV needed the money, whether or not it matched up with the law, for other budgetary reasons. He says after one meeting with the commissioner, another supervisor got angry because the agency was trying to change the rules as opposed to refunding the money.

"He screamed at me," Foley said with a chuckle. "I was told that I interrupted work that they had been doing on the proposed rules for the last six months to a year, and loudly told that," he said.

The BMV agreed to pay $30 million as part of a class action lawsuit last fall for overcharging on drivers licenses. Under that settlement Hoosiers could opt to have a credit of $3.50 up to as much as $7 applied to their next transaction.

The agency had no comment on deposition or pending lawsuit. Last September, the agency acknowledged several additional overcharges and began offering credits for those as well.