reglab/housing_qa huggingface dataset:
IN Code § 28-8-4-46 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 4. Money Transmitters|28-8-4-46. Compliance With Money Laundering Laws; Investigation and Enforcement by Department

Sec. 46. (a) The licensee or an authorized delegate shall comply with all state and federal money laundering statutes and regulations, including the following:(1) The Bank Secrecy Act (31 U.S.C. 5311 et seq.).(2) The USA Patriot Act of 2001 (P.L. 107-56).(3) Any regulations, policies, or reporting requirements established by the Financial Crimes Enforcement Network of the United States Department of the Treasury.(4) Any other state or federal money laundering statutes or regulations that apply to a licensee or an authorized delegate.(b) The department shall do the following:(1) To the extent authorized or required by state law, investigate potential violations of, and enforce compliance with, state money laundering statutes or regulations.(2) Investigate potential violations of federal money laundering statutes or regulations and, to the extent authorized or required by federal law:(A) enforce compliance with the federal statutes or regulations; or(B) refer suspected violations of the federal statutes or regulations to the appropriate federal regulatory agencies.As added by P.L.42-1993, SEC.85. Amended by P.L.10-2006, SEC.61 and P.L.57-2006, SEC.61.
IN Code § 28-8-4-47 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 4. Money Transmitters|28-8-4-47. Confidentiality of Information; Exceptions

Sec. 47. (a) Notwithstanding any other provision of law, all information or reports obtained by the director from an applicant, a licensee, or an authorized delegate, whether obtained through reports, applications, examination, audits, investigation, or otherwise, including:(1) all information contained in or related to:(A) examination;(B) investigation;(C) operation; or(D) condition;reports prepared by, on behalf of, or for the use of the director; or(2) financial statements, balance sheets, or authorized delegate information;are confidential and may not be disclosed or distributed outside the department by the director or any officer or employee of the department, except as provided in subsection (b).(b) The director may provide for the release of information to representatives of:(1) financial institution and money services business supervisory agencies;(2) law enforcement agencies; or(3) prosecutorial agencies or offices;of a state (as defined in IC 28-2-17-19), the United States, or a foreign country. An agency or office that receives information from the director under this subsection shall maintain the confidentiality of the information as described in IC 28-1-2-30.(c) Nothing in this section shall prohibit the director from releasing to the public a list of persons licensed under this chapter or from releasing aggregated financial data on such licensees.As added by P.L.42-1993, SEC.85. Amended by P.L.258-2003, SEC.17; P.L.213-2007, SEC.84; P.L.217-2007, SEC.82; P.L.90-2008, SEC.61.
IN Code § 28-8-4-48.1 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 4. Money Transmitters|28-8-4-48.1. Failure to File Renewal Form or Pay Renewal Fee; Revocation or Suspension of License

Sec. 48.1. (a) A license issued by the department under this chapter may be revoked or suspended by the department if the person fails to:(1) file any renewal form required by the department; or(2) pay any license renewal fee described under section 37 of this chapter;not later than sixty (60) days after the due date.(b) A person whose license is revoked or suspended under this section may:(1) pay all delinquent fees and apply for a reinstatement of the person's license; or(2) appeal the revocation or suspension to the department for an administrative review under IC 4-21.5-3.Pending the decision resulting from a hearing under IC 4-21.5-3 concerning license revocation or suspension, a license remains in force.As added by P.L.176-1996, SEC.24. Amended by P.L.89-2011, SEC.60.
IN Code § 28-8-4-49 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 4. Money Transmitters|28-8-4-49. Authorized Delegates; Written Contract Required; Contents; Exemption From Licensing Requirements; Resignation, Discharge or Termination; Notice to Department

Sec. 49. (a) Licensees desiring to conduct licensed activities through authorized delegates shall authorize each delegate to operate pursuant to an express written contract, which shall provide for the following:(1) That the licensee appoints the person as its delegate with authority to sell payment instruments and accept funds to be transmitted by or on behalf of the licensee.(2) That neither a licensee nor an authorized delegate may authorize a subdelegate without the written consent of the director.(3) That licensees are subject to supervision and regulation by the director.(4) An acknowledgment that the authorized delegate consents to the director's inspection, with or without prior notice to the licensee or authorized delegate, of the books, records, and accounts of an authorized delegate of the licensee when the director has a reasonable basis to believe that the licensee or authorized delegate is in violation of this chapter.(5) That authorized delegates are under a duty to act only as authorized under the contract with the licensee and that an authorized delegate who exceeds the delegate's authority is subject to cancellation of the delegate's contract and disciplinary action by the director.(b) Subject to sections 50 and 51 of this chapter, an authorized delegate of a licensee or of a person exempt from licensure under section 1 of this chapter is exempt from the licensing requirements of this chapter if the authorized delegate acts within the scope of the written contract executed under subsection (a) between the authorized delegate and the licensee or exempt person.(c) A licensee shall give the department written notice of the resignation, discharge, or termination of an authorized delegate against whom allegations were made that accused the authorized delegate of:(1) violating this chapter or other laws, regulations, rules, or industry standards of conduct applicable to money transmission; or(2) fraud, dishonesty, theft, or the wrongful taking of property.The licensee shall provide the department the notice required under this subsection not later than thirty (30) days after the effective date of the resignation, discharge, or termination.As added by P.L.42-1993, SEC.85. Amended by P.L.27-2012, SEC.102; P.L.216-2013, SEC.63.
IN Code § 28-8-4-50 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 4. Money Transmitters|28-8-4-50. Compliance by Authorized Delegates

Sec. 50. (a) An authorized delegate may not make any fraudulent or false statement or misrepresentation to a licensee or to the director.(b) An authorized delegate must comply with the following:(1) All money transmission or sale or issuance of payment instrument activities conducted by an authorized delegate shall be strictly in accordance with the licensee's written procedures provided to the authorized delegate.(2) An authorized delegate shall remit all money owing to the licensee in accordance with the terms of the contract between the licensee and the authorized delegate. The failure of an authorized delegate to remit all money owing to a licensee within the time presented shall result in liability of the authorized delegate to the licensee for three (3) times the licensee's actual damages.(3) All funds, less fees, received by an authorized delegate of a licensee from the sale or delivery of a payment instrument issued by a licensee or received by an authorized delegate for transmission shall, from the time the funds are received by the authorized delegate until the funds or an equivalent amount are remitted by the authorized delegate to the licensee, constitute trust funds owned by and belonging to the licensee. If an authorized delegate commingles any of the funds with any other funds or property owned or controlled by the authorized delegate, all commingled proceeds and other property shall be impressed with a trust in favor of the licensee in an amount equal to the amount of the proceeds due the licensee.(4) An authorized delegate shall report to the licensee the theft or loss of payment instruments not more than twenty-four (24) hours after the time the authorized delegate knew or should have known of the theft or loss.As added by P.L.42-1993, SEC.85.
IN Code § 28-8-4-51 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 4. Money Transmitters|28-8-4-51. Suspension and Barring of Authorized Delegates

Sec. 51. (a) If, after notice and a hearing, the director finds that an authorized delegate of a licensee or a director, an officer, an employee, or a controlling person of the authorized delegate:(1) has violated any provision of this chapter or order issued under this chapter;(2) has engaged or participated in any unsafe or unsound act with respect to the business of:(A) selling or issuing payment instruments of the licensee; or(B) money transmission;(3) has made or caused to be made in an application or report filed with the director or in any proceeding before the director, any statement that was at the time and in the circumstances under which it was made, false or misleading with respect to any material fact; or(4) has omitted to state in an application or report filed with the director a material fact that is required to be stated in the application or report;the director may issue an order suspending or barring such authorized delegate from becoming or continuing to be an authorized delegate of a licensee during the period for which such order is in effect.(b) Upon issuance of an order under subsection (a), the licensee shall terminate the licensee's relationship with the authorized delegate according to the terms of the order.(c) Any authorized delegate to whom an order is issued under this section may apply to the director to modify or rescind the order. The director shall not grant such application unless the director finds that it is in the public interest to do so and that it is reasonable to believe that the person will, if and when the person is permitted to resume being an authorized delegate of a licensee, comply with all applicable provisions of this chapter and of any regulation and order issued under this chapter.(d) The right of an authorized delegate to whom an order is issued under this section to petition for judicial review of an order shall not be affected by the failure of the authorized delegate to apply to the director to modify or rescind the order.As added by P.L.42-1993, SEC.85. Amended by P.L.136-2018, SEC.213.
IN Code § 28-8-4-52 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 4. Money Transmitters|28-8-4-52. Applicability of Law Governing Administrative Orders and Procedures; Venue

Sec. 52. Except as otherwise provided, IC 4-21.5 applies to and governs all agency action taken by the department under this chapter. A proceeding for administrative review under IC 4-21.5-3 or judicial review under IC 4-21.5-5 must be held in Marion County.As added by P.L.42-1993, SEC.85. Amended by P.L.35-2010, SEC.184.
IN Code § 28-8-4-53 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 4. Money Transmitters|28-8-4-53. Civil Penalties

Sec. 53. (a) If the department determines, after notice and an opportunity to be heard, that a person has violated this chapter, the department may, in addition to or instead of all other remedies available under this chapter, impose upon the person a civil penalty not greater than ten thousand dollars ($10,000) per violation.(b) A penalty collected under this section shall be deposited into the financial institutions fund established by IC 28-11-2-9.As added by P.L.42-1993, SEC.85. Amended by P.L.89-2011, SEC.61.
IN Code § 28-8-4-54 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 4. Money Transmitters|28-8-4-54. Claims Against Licensees and Authorized Delegates

Sec. 54. A claim against a licensee or its authorized delegate may be brought by:(1) the claimant filing suit against the surety bond provided for in section 27 of this chapter; or(2) the director filing suit on behalf of a claimant, in one (1) action or in successive actions.As added by P.L.42-1993, SEC.85. Amended by P.L.216-2013, SEC.64.
IN Code § 28-8-4-55 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 4. Money Transmitters|28-8-4-55. Compromise, Settlement, and Collection of Civil Penalties

Sec. 55. The director, in the exercise of reasonable judgment, is authorized to compromise, settle, and collect civil penalties from a person for a violation of:(1) a provision of this chapter; or(2) an order issued or promulgated pursuant to this chapter.As added by P.L.42-1993, SEC.85.
IN Code § 28-8-4-56 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 4. Money Transmitters|28-8-4-56. Injunctions

Sec. 56. If it appears to the director that a person has committed or is about to commit a violation of a provision of this chapter or an order of the director, the director may apply to a court having jurisdiction for:(1) an order enjoining such person from violating or continuing to violate this chapter or such other order as the nature of the case may require; or(2) injunctive or such other relief as the nature of the case may require.As added by P.L.42-1993, SEC.85.
IN Code § 28-8-4-57 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 4. Money Transmitters|28-8-4-57. Consent Orders

Sec. 57. (a) The director may enter into a consent order with a person to resolve a matter arising under this chapter.(b) A consent order must comply with the following provisions:(1) Be signed by the person to whom it is issued or an authorized representative.(2) Indicate agreement to the terms contained within the consent.(c) A consent order need not:(1) constitute an admission by a person that a provision of this chapter or an order promulgated or issued thereunder has been violated; or(2) constitute a finding by the director that such person has violated a provision of this chapter or an order promulgated or issued thereunder.(d) Notwithstanding the issuance of a consent order, the director may seek civil or criminal penalties or compromise civil penalties concerning matters encompassed by the consent order, unless the consent order by its terms expressly precludes the director from doing so.As added by P.L.42-1993, SEC.85.
IN Code § 28-8-4-58 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 4. Money Transmitters|28-8-4-58. Violations

Sec. 58. (a) A person who knowingly or intentionally violates a provision of this chapter for which a penalty is not specifically provided commits a Class A misdemeanor.(b) A person who knowingly or intentionally makes a material, false statement in a document filed or required to be filed under this chapter, with the intent to deceive the recipient of the document, commits a Level 5 felony.(c) A person who knowingly or intentionally fails to file a document required to be filed under this chapter commits a Level 5 felony.As added by P.L.42-1993, SEC.85. Amended by P.L.158-2013, SEC.301.
IN Code § 28-8-4-59 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 4. Money Transmitters|28-8-4-59. Rules and Regulations

Sec. 59. (a) Rules and regulations promulgated by the director pursuant to authority conferred by this chapter will be pursuant to IC 4-22-2.(b) At the time the director files a notice of proposed adoption, amendment, or repeal of a rule for public comment under this chapter, a copy of the notice will be sent by first class mail postage prepaid to all then current licensees and applicants for licenses under this chapter.As added by P.L.42-1993, SEC.85.
IN Code § 28-8-4-60 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 4. Money Transmitters|28-8-4-60. Jurisdiction

Sec. 60. A licensee, an authorized delegate, or a person who knowingly engages in business activities that are regulated under this chapter, with or without filing an application, is considered to have consented to the jurisdiction of the courts of Indiana for all actions arising under this chapter.As added by P.L.42-1993, SEC.85.
IN Code § 28-8-4-61 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 4. Money Transmitters|28-8-4-61. Administration of Chapter

Sec. 61. The division of consumer credit shall have charge of the administration of this chapter.As added by P.L.42-1993, SEC.85.
IN Code § 28-8-5-1 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 5. Cashing Checks|28-8-5-1. Application of Chapter

Sec. 1. (a) This chapter does not apply to a financial institution organized under IC 28 or federal law.(b) This chapter does not apply to a person principally engaged in the bona fide retail sale of goods or services if:(1) the person, either incidental to or independent of a retail sale of goods or services, from time to time cashes checks; and(2) the consideration (as defined in section 3 of this chapter) charged for cashing checks does not exceed five dollars ($5).As added by P.L.42-1993, SEC.86. Amended by P.L.122-1994, SEC.104; P.L.213-2007, SEC.85; P.L.217-2007, SEC.83; P.L.89-2011, SEC.62.
IN Code § 28-8-5-2 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 5. Cashing Checks|28-8-5-2. Check or Checks

Sec. 2. As used in this chapter, "check" or "checks" includes a check, draft, or money order.As added by P.L.42-1993, SEC.86. Amended by P.L.54-2021, SEC.4.
IN Code § 28-8-5-2.5 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 5. Cashing Checks|28-8-5-2.5. Check Cashing Transaction

Sec. 2.5. As used in this chapter, "check cashing transaction" means a transaction under this chapter in which there is no written or implied agreement to hold the check for more than three (3) business days.As added by P.L.80-1998, SEC.21.
IN Code § 28-8-5-3 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 5. Cashing Checks|28-8-5-3. Consideration

Sec. 3. As used in this chapter, "consideration" includes a premium charged for the sale of goods or services in excess of the cash price of the sale of such goods or services.As added by P.L.42-1993, SEC.86.
IN Code § 28-8-5-4 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 5. Cashing Checks|28-8-5-4. Department

Sec. 4. As used in this chapter, "department" means the members of the department of financial institutions.As added by P.L.42-1993, SEC.86.
IN Code § 28-8-5-6 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 5. Cashing Checks|28-8-5-6. Licensed Casher of Checks

Sec. 6. As used in this chapter, "licensed casher of checks" means a person licensed by the department to engage in business pursuant to the provisions of this chapter.As added by P.L.42-1993, SEC.86.
IN Code § 28-8-5-7 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 5. Cashing Checks|28-8-5-7. Licensee

Sec. 7. As used in this chapter, "licensee" means a licensed casher of checks.As added by P.L.42-1993, SEC.86.
IN Code § 28-8-5-8 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 5. Cashing Checks|28-8-5-8. Location

Sec. 8. As used in this chapter, "location" means a fixed or ambulatory place of business approved by the department.As added by P.L.42-1993, SEC.86.
IN Code § 28-8-5-9 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 5. Cashing Checks|28-8-5-9. Person

Sec. 9. As used in this chapter, "person" means any individual, sole proprietorship, partnership, trust, joint venture, limited liability company, corporation, unincorporated organization, or other form of entity, however organized.As added by P.L.42-1993, SEC.86. Amended by P.L.90-2008, SEC.62.
IN Code § 28-8-5-10 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 5. Cashing Checks|28-8-5-10. Resolutions for Administration of Chapter

Sec. 10. The department may make regulations and establish policies and guidelines by resolution for the administration of this chapter.As added by P.L.42-1993, SEC.86.
IN Code § 28-8-5-11 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 8. Financial Services|Chapter 5. Cashing Checks|28-8-5-11. License Required; Application; Contents; Tax Warrant List; Application Fee

Sec. 11. (a) A person shall not engage in the business of cashing checks for consideration without first obtaining a license.(b) Each application for a license shall be in writing in such form as the director may prescribe and shall include all of the following:(1) The following information pertaining to the applicant:(A) Name.(B) Residence address.(C) Business address.(2) The following information pertaining to any individual described in section 12(b)(1) of this chapter:(A) Name.(B) Residence address.(C) Business address.(D) Whether the person:(i) is, at the time of the application, under indictment for a felony under the laws of Indiana or any other jurisdiction; or(ii) has been convicted of a felony under the laws of Indiana or any other jurisdiction.(3) The address where the applicant's office or offices will be located.(4) If the department of state revenue notifies the department that a person is on the most recent tax warrant list, the department shall not issue or renew the person's license until:(A) the person provides to the department a statement from the department of state revenue that the person's tax warrant has been satisfied; or(B) the department receives a notice from the commissioner of the department of state revenue under IC 6-8.1-8-2(k).(5) Such other data, financial statements, and pertinent information as the director may require.(c) The application shall be filed with a nonrefundable fee fixed by the department under IC 28-11-3-5.As added by P.L.42-1993, SEC.86. Amended by P.L.122-1994, SEC.105; P.L.10-2006, SEC.62 and P.L.57-2006, SEC.62; P.L.213-2007, SEC.86; P.L.217-2007, SEC.84; P.L.90-2008, SEC.63; P.L.35-2010, SEC.185; P.L.172-2011, SEC.135; P.L.137-2014, SEC.34; P.L.159-2017, SEC.49.