Sec. 22. If the department provides a county recorder with a copy of a written notice under section 19(b) of this chapter, the department shall retrieve the copy of the written notice from the county recorder on the date a lien is imposed on the real property described in the written notice. However:
(1) if:
(A) a hearing is not held under section 20 of this chapter and IC 4-21.5; and
(B) a lien is not imposed:
(i) on the real property described in the notice; and
(ii) by the date indicated in the notice;
the department shall retrieve the copy of the notice on the day after the date the lien was to be imposed on the real property; or
(2) if:
(A) a hearing is held under section 20 of this chapter and IC 4-21.5; and
(B) a lien is not imposed on the real property described in the notice;
the department shall retrieve the copy of the notice on the day after the date the commissioner determines that a lien may not be imposed on the real property.