reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 1 - Exclusion › Section 1-4 - Notice of exclusion; petition for hearing

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-21.5-3-1; IC 4-33-4-7; IC 4-35-4-9
Sec. 4.
(a) Upon a
				determination that a person should be excluded under section 3 of this rule, IC
				4-33-4-7, or IC 4-35-4-9, the executive director or the executive director's
				designee must serve notice as described in IC 4-21.5-3-1, of the order of
				exclusion on the excluded person. The notice must include the following:
(1) The name of the excluded
				person.
(2) The nature and scope of
				the circumstances or reasons that the person should be placed on the exclusion
				list.
(3) The duration of the
				exclusion.
(4) A brief explanation
				of the available procedures and the time limit for seeking administrative
				review of the order.
(5) An
				explanation of the civil penalty proceedings to which the excluded person may
				be subject under
				68 IAC
				13-2 if the excluded person violates the
				exclusion.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 1 - Exclusion › Section 1-4.5 - Violation of exclusion

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33-4-7; IC 4-35-4-9
Sec. 4.5.
(a) An
				excluded person violates his or her exclusion by entering a gaming
				area.
(b) The commission or
				executive director may assess a civil penalty under
				68 IAC
				13-2 against any excluded person who violates his or
				her exclusion.
(c) Nothing in this
				article infringes upon the right of a casino licensee or operating agent to
				contact the pertinent law enforcement agency regarding criminal trespass by an
				excluded person.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 1 - Exclusion › Section 1-5 - Petition for removal from exclusion list

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33-4-7; IC 4-35-4-9
Sec. 5.
(a) Any
				excluded person may petition the commission, in writing, and request that his
				or her name be removed from the exclusion list.
(b) The petition must:
(1) be addressed to the executive
				director;
(2) state with
				specificity facts believed by the petitioner to constitute evidence for removal
				of his or her name from the exclusion list; and
(3) include the signature of the person
				requesting removal from the exclusion list indicating acknowledgement of the
				following statement: "I certify, under the penalty of perjury, that the
				information that I have provided is true, complete, and correct to the best of
				my knowledge and belief.".
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 1 - Exclusion › Section 1-6 - Review of a petition for removal from the exclusion list

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC
				  4-33-4-7;
				  IC
				  4-35-4-9
Sec. 6.
(a) Upon
				designating a petition for a review proceeding, the executive director must
				assign one (1) person to serve as review officer to conduct the review. The
				executive director, deputy director, and commission employees who are attorneys
				are eligible to serve as review officers.
(b) The review officer must schedule the
				review proceeding to occur no later than ninety (90) days from the receipt of
				the request for removal. The review officer must notify the petitioner in
				writing of the date, time, and place at which the review proceeding will be
				conducted.
(c) The review officer
				may grant continuances upon a showing of good cause.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 1 - Exclusion › Section 1-7 - Appearances; service

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33-4-7; IC 4-35-4-9
Sec. 7.
A petitioner may represent himself or herself or be
				  represented by an attorney or representative who is in compliance with
				  68
				  IAC 1-6.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 1 - Exclusion › Section 1-8 - Discovery

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC
				  4-33-4-7;
				  IC
				  4-35-4-9
Sec. 8.
The petitioner must provide the review officer with the
				  following information at least fifteen (15) days before the date of the
				  review:
(1) The name and address of
				any witness who may be called to testify on behalf of the petitioner.
(2) All documents or other evidence, whether
				or not in the possession and control of the petitioner, that the petitioner
				reasonably expects will be necessary to introduce at the review
				proceeding.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 1 - Exclusion › Section 1-9 - Review proceedings

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC
				  4-33-4-7;
				  IC
				  4-35-4-9
Sec. 9.
(a) The
				burden of proof is at all times upon the petitioner. The petitioner has the
				affirmative responsibility of establishing that he or she is eligible for
				removal from the exclusion list.
(b) Any testimony must be given under oath or
				affirmation.
(c) The petitioner may
				present his or her case. The review officer may question:
(1) witnesses called by the petitioner;
				and
(2) the petitioner; based on
				the testimony and evidence presented by the petitioner and the information
				gathered by the commission.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 1 - Exclusion › Section 1-10 - Evidence

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC
				  4-33-4-7;
				  IC
				  4-35-4-9
Sec. 10.
(a) Any
				relevant evidence not in the record from any previous hearing or review
				proceeding may be admitted and is sufficient in itself to support a finding if
				it is the sort of evidence on which responsible persons are accustomed to rely
				in the conduct of serious affairs, regardless of the existence of any common
				law or statutory rules of evidence that may make improper the admission of such
				evidence over objection in a civil action.
(b) Hearsay may support a finding of the
				review officer if it:
(1) is the best evidence
				available; and
(2) has sufficient
				indicia of trustworthiness and reliability.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 1 - Exclusion › Section 1-11 - Evidence justifying removal

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC
				  4-33-4-7;
				  IC
				  4-35-4-9
Sec. 11.
(a) The
				commission may grant a petition for removal from the exclusion list if the
				petitioner demonstrates by clear and convincing evidence that the petitioner's
				admission to Indiana casinos would likely not:
(1) threaten the honesty and integrity of
				gambling operations; or
(2)
				interfere with the orderly conduct of gambling operations.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 1 - Exclusion › Section 1-12 - Transmittal of record and recommendation to the commission

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC
				  4-33-4-7;
				  IC
				  4-35-4-9
Sec. 12.
(a) The
				record of the review proceeding must consist of the following, if applicable:
(1) The order or orders constituting
				placement on the exclusion list.
(2) The petition for removal.
(3) Information, including the record of
				evidence and testimony, used by the commission, executive director, or
				executive director's designee in making the original determination to exclude
				petitioner.
(4) Evidence admitted
				by the review officer during the review proceeding.
(5) A statement of matters officially
				noticed.
(6) The written
				recommendations and findings of fact made by the review officer.
(7) An original transcription or audio
				recording of the oral proceedings.
(8) The record from any previous petition for
				removal from the exclusion list or related proceeding.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 1 - Exclusion › Section 1-13 - Penalties

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC
				  4-33-4-7;
				  IC
				  4-35-4-9
Sec. 13.
(a) If the
				review officer finds that the petitioner has acted in bad faith, for the
				purpose of delay, or has otherwise abused the review proceeding process, the
				review officer may recommend denial of the petition on grounds of the abuse
				alone.
(b) If a petitioner fails to
				testify on his or her own behalf with respect to any question propounded to him
				or her, the review officer may infer therefrom that such testimony or answer
				would have been adverse to the petitioner.
(c) If the petitioner fails to answer a
				subpoena or refuses to testify fully at the request of the commission, such
				failure may be deemed independent grounds to recommend denial of the petition.
				The review officer may also infer therefrom that such testimony would have been
				adverse to the petitioner.
(d) The
				unexcused failure of the petitioner to appear at a review constitutes an
				admission of all matters and facts contained in the notice of placement on the
				exclusion list. In such case, the review officer may recommend action based
				upon such admission or upon any other evidence, including affidavits, without
				any further notice to the petitioner.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 2 - Eviction List › Section 2-1 - General provisions

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 1.
(a) A casino
				licensee shall do the following:
(1) Maintain
				a list of evicted persons. The list shall be comprised of persons who have been
				barred from a casino gaming operation for reasons deemed necessary by the
				casino licensee.
(2) Submit
				internal control procedures for both the eviction and the readmission of
				evicted persons to the executive director.
(3) Have in place criteria for evicting
				persons and placing persons on its eviction list. At a minimum, the reasons for
				eviction shall include the following:
(A)
				Cheating at a gambling game.
(B)
				Theft.
(C) Disorderly
				conduct.
(D) Conduct that would
				lead the casino licensee to conclude that the person is a threat to the safety
				of other patrons, the licensee's employees, or employees and agents of the
				commission.
(E) A person requests
				that his or her own name be placed on the casino licensee's eviction
				list.
(F) Any other lawful
				reason.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 2 - Eviction List › Section 2-2 - Eviction form

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 2.
(a) At the
				time of eviction, the casino licensee shall provide the evicted person with a
				two-part form that has been approved by the commission and shall advise the
				evicted person of, at a minimum, the following information:
(1) The reason for the eviction.
(2) The earliest date the person may apply
				for readmission.
(3) The criteria
				that must be satisfied for readmission.
(4) The procedure that must be followed in
				order to apply for readmission.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 2 - Eviction List › Section 2-3 - Readmission to casino

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 3.
(a) An
				evicted person seeking readmission to a casino gaming operation must submit a
				written request for readmission to the casino licensee.
(b) A casino licensee shall establish written
				policies, procedures, and criteria for the readmission of an evicted person. In
				establishing the policies, procedures, and criteria, the casino licensee shall
				take into account the following information:
(1) The reason for the eviction.
(2) The past history of the evicted
				person.
(3) Outstanding criminal
				charges arising from the events that led to the eviction.
(4) Any outstanding debt owed to the casino
				licensee by the evicted person.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 2 - Eviction List › Section 2-4 - Eviction list

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 4.
(a) A casino
				licensee's eviction list shall include the following information, to the extent
				known, for its evicted persons:
(1) Name,
				including aliases.
(2) Date of
				birth.
(3) A physical
				description.
(4) The person's
				current address.
(5) A photograph,
				to be taken at the time of eviction.
(6) Reason for eviction.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 3 - Voluntary Exclusion Program › Section 3-1 - General provisions

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 1.
(a) This
				rule applies to:
(1) casino
				licensees;
(2) casino license
				applicants;
(3) casino owners;
				and
(4) persons in casinos where
				gambling operations are conducted.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 3 - Voluntary Exclusion Program › Section 3-2 - Request for voluntary exclusion

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 2.
(a) Except
				as provided in section 1(c) of this rule, a voluntarily excluded person agrees
				to refrain from entering the gaming area of all casinos.
(b) Any person requesting voluntary exclusion
				may make a request for voluntary exclusion by following the procedures set
				forth in this section. The request for voluntary exclusion may be made only by
				the person requesting voluntary exclusion and not by any other person. A person
				requesting voluntary exclusion must not be under the influence of alcoholic
				beverages, controlled substances, or prescription drugs at the time he or she
				makes a request for voluntary exclusion.
(c) Any person requesting voluntary exclusion
				must submit a completed request for voluntary exclusion as outlined in
				subsection (d). The person requesting voluntary exclusion must appear in person
				at a commission office or another location designated by the executive director
				to complete the request for voluntary exclusion. Commission offices are located
				on the property of each casino in addition to an office located in
				Indianapolis.
(d) A request for
				voluntary exclusion must be on a form prescribed by the commission.
(e) The personal information of a voluntarily
				excluded person is confidential. A voluntarily excluded person must agree that
				in order to enforce the VEP, casinos must have access to the individual's
				personal information. A voluntarily excluded person shall authorize the
				commission staff to provide any identifying information contained in the
				person's request for exclusion to the casinos to be able to enforce the
				exclusion.
(f) A voluntarily
				excluded person shall have the following ongoing obligations:
(1) Refrain from entering the gaming area of
				casinos until the commission has approved a request for removal.
(2) Each time the personal information of a
				voluntarily excluded person changes, he or she must provide the commission with
				the updated information.
(3) Notify
				the commission if direct mailing items from a casino are received addressed to
				a voluntarily excluded person at his or her residence.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 3 - Voluntary Exclusion Program › Section 3-3 - Voluntary exclusion program or VEP

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 3.
(a) The
				executive director or his or her designee shall administer the VEP, which shall
				contain the names and personal information of all voluntarily excluded persons.
				Voluntarily excluded persons shall be excluded from gaming areas at casinos.
				The executive director or his or her designee shall notify each casino licensee
				of each addition to the VEP or removal from the VEP in a timely
				manner.
(b) The VEP is
				confidential, and the names of voluntarily excluded persons may be disseminated
				only to a casino licensee for purposes of enforcement or to another entity
				designated by statute.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 3 - Voluntary Exclusion Program › Section 3-4 - Rights and duties of casino licensees

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 4.
(a) Each
				casino licensee and casino license applicant shall establish internal control
				procedures for compliance with this rule, which shall be submitted and approved
				under 68 IAC 11.
(b) The internal
				controls must, at a minimum, address the following:
(1) Provide a plan for distributing the names
				and personal information of voluntarily excluded persons to appropriate
				personnel of the casino. The plan must allow, to a reasonable extent,
				appropriate employees of a casino licensee to identify a voluntarily excluded
				person when that person is present in a casino. This information shall not be
				released to casinos in other jurisdictions. However, nothing in this rule shall
				prohibit a casino licensee from effectuating the eviction of a voluntarily
				excluded person from other properties within their corporate structure so that
				the person will be denied gaming privileges at casinos under the same parent
				company in other jurisdictions.
(2)
				Provide a process whereby gaming agents and security and surveillance are
				notified immediately when a voluntarily excluded person is detected in the
				gaming area of a casino.
(3) Refuse
				wagers from and deny gaming privileges to any voluntarily excluded
				person.
(4) Make all reasonable
				attempts to ensure that voluntarily excluded persons do not receive direct
				marketing. A casino licensee will satisfy this requirement if the casino
				licensee removes the voluntarily excluded person's name from the list of
				patrons to whom direct marketing materials are sent, and the voluntarily
				excluded person does not receive direct marketing materials more than
				forty-five (45) days after the casino licensee receives notice, under section
				3(a) of this rule, that the voluntarily excluded person has entered the
				VEP.
(5) Ensure that voluntarily
				excluded persons do not receive check cashing privileges or extensions of
				credit, whether directly through the casino licensee or operating agent, or
				through a supplier contracting with a casino licensee on property hired for the
				purpose of check cashing or extension of credit, or both.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 3 - Voluntary Exclusion Program › Section 3-5 - Removal

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 5.
(a) This
				section does not apply to voluntarily excluded persons who elect lifetime
				exclusion.
(b) A voluntarily
				excluded person may, upon the expiration of the selected term of voluntary
				exclusion, request removal from the VEP. A voluntarily excluded person making a
				request for removal shall do so by submitting, in writing, on a form provided
				by the commission, the intent to be removed from the VEP.
(c) A request for removal shall contain the
				following information:
(1) Name, including
				aliases or nicknames.
(2) Date of
				birth.
(3) Address of current
				residence.
(4) Telephone number of
				current residence.
(5) The
				signature of the person requesting removal from the VEP.
(6) The signature of the gaming agent or
				other individual authorized by the executive director to accept a request for
				removal, verifying that the individual requesting removal is the voluntarily
				excluded person.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 7 - DENIAL AND EXCLUSION HEARINGS › Rule 1 - General Provisions › Section 1-1 - Coverage of rule

Current through July 10, 2024
Authority: IC
				  4-33-4-1;
				  IC
				  4-33-4-2; IC
				  4-33-4-3
Affected: IC 4-21.5-3; IC
				  4-33-3-23; IC
				  4-33-4-7;
				  IC
				  4-33-4-17;
				  IC
				  4-33-6-1;
				  IC
				  4-33-7-1;
				  IC
				  4-33-8-2
Sec. 1.
(a) A person
				whose application for a license or a transfer of ownership has been denied or
				has not been renewed under IC
				4-33-6-1,
				IC
				4-33-7-1,
				or IC
				4-33-8-2,
				or who has been placed on an exclusion list under IC
				4-33-4-7,
				may request a hearing under IC
				4-33-4-17.
(b) As used in this rule, "petitioner" refers
				to the person whose application has been denied by the commission, whose
				license has not been renewed, whose request for transfer of ownership has been
				denied, or who has been placed on the exclusion list.
(c) The petitioner shall submit an original
				and two (2) copies of any request, pleading, or other written document
				submitted to the commission or the hearing officer, or both.
(d) The petitioner must attach a certificate
				of service to each pleading. The certificate of service shall indicate that the
				pleading has been served on each attorney or party of record.
(e) An action involving a denial, nonrenewal,
				or exclusion hearing under this rule must also comply with IC
				4-21.5-3.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 7 - DENIAL AND EXCLUSION HEARINGS › Rule 1 - General Provisions › Section 1-2 - Requests for hearings

Current through July 10, 2024
Authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3
Affected: IC 4-21.5-3-1; IC 4-21.5-3-24; IC 4-33-4-7; IC
				  4-33-4-17; IC 4-33-8-3
Sec. 2.
(a) A
				request for hearing shall meet the following requirements:
(1) Be in writing.
(2) State the name, current address, and
				current telephone number of the petitioner.
(3) State in detail the reasons why and the
				facts upon which the petitioner will rely to show that the petitioner's
				application for a license should not have been denied, the license should have
				been renewed, the transfer of ownership should have been approved, or the
				petitioner should not have been placed on the exclusion list, including
				specific responses to any facts enumerated in the commission's notice of
				denial, notice of nonrenewal, or notice of exclusion.
(4) All requests for hearing shall be signed,
				verified, and dated by the petitioner. Such verification shall be notarized and
				shall include a certification stating, "Under the penalty of perjury, the
				undersigned has examined this request for hearing and to the best of my
				knowledge and belief, it is true, complete, and correct.".
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 7 - DENIAL AND EXCLUSION HEARINGS › Rule 1 - General Provisions › Section 1-3 - Appearances; service

Current through July 10, 2024
Authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3
Affected: IC 4-21.5-3; IC 4-33-3-23; IC 4-33-4-7; IC
				  4-33-4-17
Sec. 3.
A petitioner may represent himself or herself or may be
				  represented by an attorney or representative who is in compliance with 68 IAC
				  1-6. Service shall be made in accordance with
				  68 IAC
				  1-6-4(c).
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 7 - DENIAL AND EXCLUSION HEARINGS › Rule 1 - General Provisions › Section 1-4 - Discovery

Current through July 10, 2024
Authority: IC
				  4-33-4-1;
				  IC
				  4-33-4-2; IC
				  4-33-4-3
Affected: IC
				  4-33-3-23; IC
				  4-33-4-7;
				  IC
				  4-33-4-17;
				  IC
				  4-33-6-1;
				  IC
				  4-33-7-1;
				  IC
				  4-33-8-2
Sec. 4.
(a) Upon
				written request served on a party, the requesting party shall be entitled to
				the following:
(1) The name and address of any
				witness who may be called to testify on behalf of a party. The parties shall be
				under a continuing duty to update this list.
(2) All documents or other materials in the
				possession or control of a party which the party reasonably expects will be
				necessary to introduce into evidence. The petitioner's burden of production
				includes those documents the petitioner reasonably expects to introduce into
				evidence either in the petitioner's case-in-chief or rebuttal. Rebuttal
				documents, to the extent that they are not immediately identifiable, shall be
				tendered to the respondent within two (2) weeks after receipt of documents
				tendered to petitioner by respondent unless additional time is granted by the
				hearing officer.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 7 - DENIAL AND EXCLUSION HEARINGS › Rule 1 - General Provisions › Section 1-9 - Continuances

Current through July 10, 2024
Authority: IC
				  4-33-4-1;
				  IC
				  4-33-4-2; IC
				  4-33-4-3
Affected: IC
				  4-33-3-23; IC
				  4-33-4-7;
				  IC
				  4-33-4-17;
				  IC
				  4-33-6-1;
				  IC
				  4-33-7-1;
				  IC
				  4-33-8-2
Sec. 9.
(a) A motion
				to continue a hearing or deposition must be made at least ten (10) days before
				the hearing or deposition date unless the requesting party can show good
				cause.
(b) Continuances may be
				granted by the hearing officer upon a showing of good cause.
(c) The hearing officer may order a
				continuance of a hearing on the hearing officer's own initiative.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 7 - DENIAL AND EXCLUSION HEARINGS › Rule 1 - General Provisions › Section 1-10 - Proceedings

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-21.5-3; IC 4-33; IC 4-35
Sec. 10.
(a) The
				administrative law judge is authorized to administer oaths.
(b) Both parties may present an opening
				statement on the merits. The commission proceeds first, followed by the
				petitioner. The petitioner may not reserve the opening statement for a later
				time. The administrative law judge may determine the length of opening
				statements.
(c) The commission must
				then present the commission's case-in-chief.
(d) Upon conclusion of the commission's
				case-in-chief, the petitioner may move for a directed finding. The
				administrative law judge may:
(1) hear
				arguments on the motion; or
(2)
				grant, deny, or reserve any decision thereon, with or without
				argument.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 7 - DENIAL AND EXCLUSION HEARINGS › Rule 1 - General Provisions › Section 1-13 - Sanctions and penalties

Current through July 10, 2024
Authority: IC
				  4-33-4-1;
				  IC
				  4-33-4-2; IC
				  4-33-4-3
Affected: IC 4-21.5-3; IC
				  4-33-3-23; IC
				  4-33-4-7;
				  IC
				  4-33-4-17;
				  IC
				  4-33-6-1;
				  IC
				  4-33-7-1;
				  IC
				  4-33-8-2
Sec. 13.
(a) The
				hearing officer may impose sanctions and penalties if the hearing officer finds
				that a party has acted in bad faith, for the purpose of delay, or has otherwise
				abused the hearing process. Such sanctions and penalties include but are not
				limited to, default judgment or directed finding on one (1) or more issues, or
				a fine.
(b) If a petitioner fails
				to testify on his or her own behalf with respect to any question propounded to
				him or her, the hearing officer may infer therefrom that such testimony or
				answer would have been adverse to the case of the party refusing to
				testify.
(c) If the petitioner or
				its agent fails to answer a subpoena or refuses to testify fully at the request
				of the commission, such failure may be deemed independent grounds for a finding
				that the petitioner should have been denied a license or the transfer of
				ownership. The hearing officer may also infer therefrom that such testimony
				would have been adverse to the petitioner.
(d) The unexcused failure of the petitioner
				to appear at a hearing shall constitute an admission of all matters and facts
				contained in the notice of denial, nonrenewal, or placement on the exclusion
				list. In such case, the hearing officer may take action based upon such
				admission or upon any other evidence, including affidavits, without any further
				notice to the petitioner.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 7 - DENIAL AND EXCLUSION HEARINGS › Rule 1 - General Provisions › Section 1-15 - Settlement offers

Current through July 10, 2024
Authority: IC
				  4-33-4-1;
				  IC
				  4-33-4-2; IC
				  4-33-4-3
Affected: IC
				  4-33-3-23; IC
				  4-33-4-7;
				  IC
				  4-33-4-17;
				  IC
				  4-33-6-1;
				  IC
				  4-33-7-1;
				  IC
				  4-33-8-2
Sec. 15.
(a) The
				parties may propose settlement offers to the hearing officer or the commission
				at any stage of the proceedings where time, the nature of the proceeding, and
				public interest permit. Such offers may be made at any time prior to the entry
				of a final order, including prior to the initiation of the proceedings. The
				commission or the hearing officer may require that any of the parties to the
				offer make an oral or written presentation to the hearing officer or the
				commission regarding the settlement offer.
(b) Settlement agreements shall meet the
				following requirements:
(1) Be in
				writing.
(2) Signed by the parties
				to the settlement offer.
(3) Be
				consistent with the provisions and objectives of the law.
(4) Accurately reflect all the terms of the
				settlement.
(5) Be served on the
				commission at the commission's office in Indianapolis, Indiana, by hand
				delivery, certified mail, or overnight mail.
(6) Be accompanied by a proposed
				order.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 7 - DENIAL AND EXCLUSION HEARINGS › Rule 1 - General Provisions › Section 1-16 - Status of applicant for licensure or transfer upon filing request for hearing on a notice of denial

Current through July 10, 2024
Authority: IC
				  4-33-4-1;
				  IC
				  4-33-4-2; IC
				  4-33-4-3
Affected: IC
				  4-33-3-23; IC
				  4-33-4-7;
				  IC
				  4-33-4-17;
				  IC
				  4-33-6-1;
				  IC
				  4-33-7-1;
				  IC
				  4-33-8-2
Sec. 16.
An applicant who has been denied a license, whose license has
				  not been renewed, has had a request for transfer of ownership denied, whose
				  request for transfer of an ownership interest, or who has been placed on an
				  exclusion list, and who has requested a hearing under this rule shall still be
				  considered an applicant for purposes of compliance with applicable statutory
				  provisions and commission rules.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 8 - PUBLIC SAFETY AND EXCURSIONS › Rule 1 - Excursions, Routes, and Public Safety › Section 1-12 - Approval of excursions

Current through July 10, 2024
Authority: IC 4-33-4
Affected: IC 4-33
Sec. 12.
(a) A
				gambling excursion conducted by a riverboat licensee shall be in accordance
				with IC 4-33 and the schedule and route approved by the executive director or
				commission.
(b) At least thirty
				(30) days before commencement of a gambling excursion, the riverboat licensee
				shall submit a proposed excursion schedule, route or routes, including any
				stops, and an emergency response plan to the executive director. The riverboat
				licensee shall not operate under a proposed standard excursion schedule or
				route until it receives approval from the executive director or
				commission.
(c) In the event of an
				emergency, an excursion route may be amended. The riverboat licensee shall
				immediately notify the gaming agents of the emergency amendment and submit an
				emergency route log to the executive director detailing the circumstances
				necessitating the emergency excursion route within five (5) business days.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 8 - PUBLIC SAFETY AND EXCURSIONS › Rule 2 - Medical Services; Emergency Response › Section 2-1 - Applicability; definitions

Current through July 10, 2024
Authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3
Affected: IC 4-33
Sec. 1.
(a) This
				rule applies to riverboat licensees and riverboat license applicants.
(b) The following definitions
				apply throughout this rule:
(1) "Emergency
				response team" means the riverboat licensee's personnel that are responsible
				for coordinating activities in the event of an incident and implementing the
				emergency response plan.
(2)
				"Incident" means an accident, emergency, disaster, or event that necessitates
				emergency response.
(3) "Interim
				compliance period" means the period of time between the issuance of a
				certificate of suitability and the issuance of a permanent riverboat owner's
				license or the issuance of a notice of denial.
(4) "Planning factor" means all of the local
				conditions that make an emergency response plan necessary.
(5) "Riverboat license applicant" means an
				applicant for a riverboat owner's license that has been issued a certificate of
				suitability under
				68 IAC
				2-1-5.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 8 - PUBLIC SAFETY AND EXCURSIONS › Rule 2 - Medical Services; Emergency Response › Section 2-2 - Medical services and medical supplies

Current through July 10, 2024
Authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3
Affected: IC 4-33; IC 16-31-3
Sec. 2.
(a) A
				riverboat licensee shall have at least one (1) employee who is certified as an
				emergency medical technician under IC 16-31-3 and 836 IAC 1-5 on the riverboat
				at all times patrons are present on the riverboat.
(b) The riverboat licensee shall maintain the
				emergency care equipment set forth in
				836 IAC
				1-3-5 on the riverboat.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 8 - PUBLIC SAFETY AND EXCURSIONS › Rule 2 - Medical Services; Emergency Response › Section 2-3 - Emergency response preparedness

Current through July 10, 2024
Authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3
Affected: IC 4-33
Sec. 3.
(a) The
				riverboat license applicant shall submit an emergency response plan during the
				interim compliance period in accordance with
				68 IAC
				2-1-5. The emergency response plan shall be submitted
				at least sixty (60) days prior to the commencement of gambling
				operations.
(b) The emergency
				response plan shall address or contain the following elements:
(1) Incident information summary.
(2) Promulgation document.
(3) Legal authority and responsibility for
				response.
(4) Table of
				contents.
(5) Abbreviations,
				definitions, and acronyms section.
(6) Planning factors.
(7) Concept of operations.
(8) Instructions for emergency response plan
				use.
(9) Record of
				amendments.
(10) Emergency
				notification procedures.
(11)
				Direction and control document.
(12) Communication among
				responders.
(13) Warning systems
				and emergency public notification.
(14) Public information and community
				relations.
(15) Medical
				information.
(16) Resource
				management.
(17) Personal
				protective measures and evacuation procedures.
(18) Fire and rescue measures.
(19) Law enforcement and security.
(20) Human services.
(21) Documentation and investigative
				follow-up.
(22) Procedures for
				testing and updating the emergency response plan.
(23) Training.
The contents of each element is set forth in sections 4
				  through 26 of this rule.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 8 - PUBLIC SAFETY AND EXCURSIONS › Rule 2 - Medical Services; Emergency Response › Section 2-4 - Incident information summary

Current through July 10, 2024
Authority: IC
				  4-33-4-1;
				  IC
				  4-33-4-2; IC
				  4-33-4-3
Affected: IC 4-33
Sec. 4.
The incident information summary shall specify that the
				  following information is to be recorded by the riverboat licensee's emergency
				  response team:
(1) The date and time
				of the incident.
(2) The location
				of the incident.
(3) The type of
				incident.
(4) Any injuries or
				fatalities, or both, that resulted from the incident.
(5) Any other information deemed necessary by
				the emergency response team or the executive director to provide a complete and
				detailed description of the incident.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 8 - PUBLIC SAFETY AND EXCURSIONS › Rule 2 - Medical Services; Emergency Response › Section 2-5 - Promulgation document

Current through July 10, 2024
Authority: IC
				  4-33-4-1;
				  IC
				  4-33-4-2; IC
				  4-33-4-3
Affected: IC 4-33
Sec. 5.
The promulgation document shall contain the following:
(1) A document signed by the master or the
				chief executive officer or the equivalent of the riverboat licensee, or both,
				adopting the plan.
(2) Letters from
				affected jurisdiction, entities, or authorities approving the plan or offering
				no objection to the plan, or both.
(3) Any letters of agreement that have been
				reached between the riverboat licensee and any local emergency response and
				notification agencies.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 8 - PUBLIC SAFETY AND EXCURSIONS › Rule 2 - Medical Services; Emergency Response › Section 2-6 - Legal authority and responsibility for response

Current through July 10, 2024
Authority: IC
				  4-33-4-1;
				  IC
				  4-33-4-2; IC
				  4-33-4-3
Affected: IC 4-33
Sec. 6.
The legal authority and responsibility for response shall
				  contain the following:
(1) A
				description of or reference to the legal entities in the jurisdiction whose
				emergency response roles are described in the emergency response plan. The
				business addresses and telephone numbers of the legal entities shall be set
				forth.
(2) A list all other
				authorities, including state and federal authorities, the riverboat licensee
				regards as essential to the emergency response plan.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 8 - PUBLIC SAFETY AND EXCURSIONS › Rule 2 - Medical Services; Emergency Response › Section 2-7 - Table of contents

Current through July 10, 2024
Authority: IC
				  4-33-4-1;
				  IC
				  4-33-4-2; IC
				  4-33-4-3
Affected: IC 4-33
Sec. 7.
The table of contents shall list all elements of the
				  emergency response plan, including tabs and appendices.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 8 - PUBLIC SAFETY AND EXCURSIONS › Rule 2 - Medical Services; Emergency Response › Section 2-8 - Abbreviations, definitions, and acronyms

Current through July 10, 2024
Authority: IC
				  4-33-4-1;
				  IC
				  4-33-4-2; IC
				  4-33-4-3
Affected: IC 4-33
Sec. 8.
The abbreviations, definitions, and acronyms section shall
				  identify all abbreviations and acronyms, and explain all essential terms
				  utilized in the text of the emergency response plan.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 8 - PUBLIC SAFETY AND EXCURSIONS › Rule 2 - Medical Services; Emergency Response › Section 2-9 - Planning factors

Current through July 10, 2024
Authority: IC
				  4-33-4-1;
				  IC
				  4-33-4-2; IC
				  4-33-4-3
Affected: IC 4-33
Sec. 9.
The planning factors shall set forth the following:
(1) A list of all of the assumptions about
				conditions that might develop in the immediate area of the riverboat or support
				facility in the event of an incident at the dock site or on an excursion
				route.
(2) An identification and
				description of facilities near the dock site or along the excursion route that
				might be a hazard if an incident were to occur within its boundaries.
(3) An identification and description of
				other facilities, such as boats and barges, that may contribute an additional
				risk to an emergency response.
(4)
				A description of the geographical features of the area, including sensitive
				environmental areas, land use patterns, water supplies, and public
				transportation that may impact an immediate evacuation.
(5) A description of major demographic
				features of the area, including those features that impact an emergency
				response, including, but not limited to, the following:
(A) Population density.
(B) Special populations.
(C) Particularly sensitive
				institutions.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 8 - PUBLIC SAFETY AND EXCURSIONS › Rule 2 - Medical Services; Emergency Response › Section 2-10 - Concept of operations

Current through July 10, 2024
Authority: IC
				  4-33-4-1;
				  IC
				  4-33-4-2; IC
				  4-33-4-3
Affected: IC 4-33
Sec. 10.
The concept of operations shall include the following:
(1) A designation of the personnel that shall
				constitute the emergency response team.
(2) Identification, by title, of the
				individual or individuals designated the emergency coordinator or coordinators.
				The master shall be the incident commander in charge of an emergency
				response.
(3) An explanation of the
				relationship between the emergency coordinator and the local government
				response authorities within the area.
(4) A description of the relationship between
				the emergency response plan and other response plans within the affected
				jurisdiction or jurisdictions.
(5)
				A description of the functions and responsibilities of all local response
				organizations within the area, including public, private, volunteer, and
				charitable organizations.
(6) A
				list of mutual aid agreements or other agreements for sharing data and response
				resources. Documentation that local response agencies were allowed the
				opportunity to view the riverboat and the location of emergency response
				equipment.
(7) A description of the
				relationship between local and state emergency response authorities.
(8) A description of the relationships
				between local, state, and federal response agencies, including the plans and
				activities of each agency.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 8 - PUBLIC SAFETY AND EXCURSIONS › Rule 2 - Medical Services; Emergency Response › Section 2-11 - Instructions for emergency response plan

Current through July 10, 2024
Authority: IC
				  4-33-4-1;
				  IC
				  4-33-4-2; IC
				  4-33-4-3
Affected: IC 4-33
Sec. 11.
The instructions for emergency response plan use shall
				  contain the following:
(1) A
				discussion of the purpose of the emergency response plan.
(2) A list of organizations and persons
				receiving a copy of the emergency response plan and emergency response plan
				amendments. The list shall indicate the date that the copy was sent and
				identify the copy that was sent to an organization or person.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 8 - PUBLIC SAFETY AND EXCURSIONS › Rule 2 - Medical Services; Emergency Response › Section 2-12 - Record of amendments

Current through July 10, 2024
Authority: IC
				  4-33-4-1;
				  IC
				  4-33-4-2; IC
				  4-33-4-3
Affected: IC 4-33
Sec. 12.
The record of amendments shall describe the method for
				  maintaining and revising the emergency response plan, recording all changes
				  made to the emergency response plan, and a method for controlling the
				  distribution of amendments to the emergency response plan.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 8 - PUBLIC SAFETY AND EXCURSIONS › Rule 2 - Medical Services; Emergency Response › Section 2-13 - Emergency notification procedures

Current through July 10, 2024
Authority: IC
				  4-33-4-1;
				  IC
				  4-33-4-2; IC
				  4-33-4-3
Affected: IC 4-33
Sec. 13.
The emergency notification procedures shall include the
				  following:
(1) Procedures for
				providing reliable, effective, and timely notification by the riverboat
				emergency coordinators and community emergency coordinator to persons
				designated in the emergency response plan, and to the public that an incident
				has occurred.
(2) Include
				procedures for the immediate notification of the appropriate twenty-four (24)
				hour hotline. The notification procedures shall be located in a prominent place
				in the emergency response plan and at various locations on the riverboat and at
				the support facilities, including the security office.
(3) List the twenty-four (24) hour emergency
				hotline numbers for the local emergency response organizations within the
				area.
(4) An accurate and
				up-to-date emergency assistance telephone roster that includes numbers for at
				least the following:
(A) Technical and
				response personnel.
(B) Local
				emergency management director.
(C)
				State emergency management agency.
(D) United States Coast Guard.
(E) Participating state and local
				agencies.
(F) Public and private
				sector support groups.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 8 - PUBLIC SAFETY AND EXCURSIONS › Rule 2 - Medical Services; Emergency Response › Section 2-14 - Direction and control document

Current through July 10, 2024
Authority: IC
				  4-33-4-1;
				  IC
				  4-33-4-2; IC
				  4-33-4-3
Affected: IC 4-33
Sec. 14.
The direction and control document shall set forth the
				  following:
(1) Methods and procedures
				to be followed by the emergency response team, riverboat licensee personnel,
				and local emergency and medical personnel to respond to an incident.
(2) Identify the organization within the area
				that is responsible for providing direction and control to the total emergency
				response system described in section 10 of this rule.
(3) Identify persons or offices within each
				response organization who provide direction and control to each of the
				organizations.
(4) Identify persons
				or offices providing direction and control within each of the emergency
				response functions.
(5) Describe
				persons or offices responsible for the performance of incident command function
				on the riverboat and the method for utilizing the incident command
				system.
(6) Describe the chain of
				command for the total emergency response system, for each major response
				function, and for the organization controlled by the incident
				commander.
(7) Identify persons
				responsible for the activation and operation of the emergency response center
				(if one is set up), the on-scene command post, and the methods by which those
				persons will coordinate their activities.
(8) List three (3) levels of incident
				severity and associated response levels.
(9) Identify the conditions for each level of
				incident severity listed in subdivision (8).
(10) Identify the responsible person or
				persons at each level of incident severity.