IC 4-31-6
    Chapter 6. Licensing of Racetrack Personnel and RacingParticipants

IC 4-31-6-1
Application
    Sec. 1. (a) This section does not apply to:
        (1) law enforcement officers; or
        (2) reporters or other media employees assigned to cover eventsat a racetrack.
    (b) A person must be a licensee in order to:
        (1) participate in racing at a racetrack or at a satellite facilitythat permits the pari-mutuel form of wagering; or
        (2) work in any capacity for a permit holder or an employee ora subcontractor of a permit holder.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.50-1995,SEC.4.

IC 4-31-6-2
Procedures for license applications; license fees; adoption of rules
    Sec. 2. The commission shall adopt rules under IC 4-22-2establishing:
        (1) procedures for license applications; and
        (2) license fees.
As added by P.L.341-1989(ss), SEC.2.

IC 4-31-6-3
License fees; disbursement
    Sec. 3. License fees collected by the commission shall be paidinto the state general fund.
As added by P.L.341-1989(ss), SEC.2.

IC 4-31-6-4
Validity of license
    Sec. 4. Unless revoked by the commission, each license is validfor one (1) year, beginning on January 1 of the year in which it isissued.
As added by P.L.341-1989(ss), SEC.2.

IC 4-31-6-5
Age of applicant; restrictions
    Sec. 5. (a) Except as provided in subsection (b), the commissionmay not grant a license to an applicant who is less than sixteen (16)years of age.
    (b) The commission may grant the following:
        (1) A horse owner's license to an applicant of any age.
        (2) A license other than a horse owner's license to an applicantless than sixteen (16) years of age who is working on a permitholder's premises for a parent or legal guardian. An applicationfor a license under this subdivision must be signed by the

applicant's parent or legal guardian in the presence of one (1) ormore track judges.
    (c) An application for a horse owner's license by a person lessthan eighteen (18) years of age must be accompanied by a notarizedstatement from the applicant's parent or guardian indicating that theparent or guardian assumes responsibility for meeting all financial,contractual, or other obligations relating to all racing activities of theapplicant.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.50-1995,SEC.5.

IC 4-31-6-6
Conditions for refusal, revocation, or suspension of license
    Sec. 6. (a) The commission may refuse or deny a licenseapplication, revoke or suspend a license, or otherwise penalize alicensee, if:
        (1) the refusal, denial, revocation, suspension, or other penaltyis in the public interest for the purpose of maintaining propercontrol over horse racing meetings or pari-mutuel wagering; and
        (2) any of the conditions listed in subsection (b) apply to theapplicant or licensee.
    (b) The conditions referred to in subsection (a) are as follows:
        (1) The applicant or licensee has been convicted of a felony ormisdemeanor that could compromise the integrity of racing bythe applicant's or licensee's participation in racing.
        (2) The applicant or licensee has had a license of the legallyconstituted racing authority of a state, province, or countrydenied, suspended, or revoked for cause within the precedingfive (5) years.
        (3) The applicant or licensee is presently under suspension forcause of a license by the legally constituted racing authority ofa state, province, or country.
        (4) The applicant or licensee has violated or attempted toviolate a provision of this article, a rule adopted by thecommission, or a law or rule with respect to horse racing in ajurisdiction.
        (5) The applicant or licensee has perpetrated or attempted toperpetrate a fraud or misrepresentation in connection with theracing or breeding of horses or pari-mutuel wagering.
        (6) The applicant or licensee has demonstrated financialirresponsibility by accumulating unpaid obligations, defaultingon obligations, or issuing drafts or checks that are dishonoredor not paid.
        (7) The applicant or licensee has made a materialmisrepresentation in an application for a license.
        (8) The applicant or licensee has been convicted of a crimeinvolving bookmaking, touting, or similar pursuits or hasconsorted with a person convicted of such an offense.
        (9) The applicant or licensee has abandoned, mistreated,abused, neglected, or engaged in an act of cruelty to a horse.        (10) The applicant or licensee has engaged in conduct that isagainst the best interest of horse racing.
        (11) The applicant or licensee has failed to comply with awritten order or ruling of the commission or judges pertainingto a racing matter.
        (12) The applicant or licensee has failed to answer correctlyunder oath, to the best of the applicant's or licensee'sknowledge, all questions asked by the commission or itsrepresentatives pertaining to a racing matter.
        (13) The applicant or licensee has failed to return to a permitholder any purse money, trophies, or awards paid in error orordered redistributed by the commission.
        (14) The applicant or licensee has had possession of analcoholic beverage on a permit holder's premises, other than abeverage legally sold through the permit holder's concessionoperation.
        (15) The applicant or licensee has interfered with or obstructeda member of the commission, a commission employee, or aracing official while performing official duties.
        (16) The name of the applicant or licensee appears on thedepartment of state revenue's most recent tax warrant list, andthe person's delinquent tax liability has not been satisfied.
        (17) The applicant or licensee has pending criminal charges.
        (18) The applicant or licensee has racing disciplinary chargespending in Indiana or another jurisdiction.
        (19) The applicant or licensee is unqualified to perform theduties required under this article or the rules of the commission.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,SEC.19; P.L.50-1995, SEC.6.

IC 4-31-6-6.5
Denial of license to persons owing support
    Sec. 6.5. The commission shall deny:
        (1) a license; or
        (2) the renewal of a license;
issued under this chapter to a person who is the subject of an orderissued by a court under IC 31-14-12-6 or IC 31-16-12-9 (orIC 31-1-11.5-13(l) or IC 31-6-6.1-16(l) before their repeal).
As added by P.L.23-1996, SEC.3. Amended by P.L.1-1997, SEC.24.

IC 4-31-6-7
Applicant for license to serve in capacity of judge; mental andphysical qualifications
    Sec. 7. In addition to the other requirements of this chapter, anapplicant for a license to serve in the capacity of judge must satisfythe commission that the applicant possesses the necessary mental andphysical qualifications, including:
        (1) temperament;
        (2) experience and knowledge of the horse racing industry andof the duties of racing officials; and        (3) other factors that the commission considers relevant.
As added by P.L.341-1989(ss), SEC.2.

IC 4-31-6-8
Fingerprints; submission by applicants
    Sec. 8. (a) Applicants for a license issued by the commission shallsubmit their fingerprints to the commission once. Except as providedin subsection (d), the fingerprints shall be submitted as follows:
        (1) The commission shall have fingerprints taken of anapplicant for a license before approving the applicant foradmission to the racing premises.
        (2) Persons not appearing at the racing premises shall submittheir fingerprints in the manner prescribed by the commission.
    (b) Except as provided in subsection (d), fingerprints required bythis section must be submitted on forms prescribed by thecommission.
    (c) The commission may forward to the Federal Bureau ofInvestigation or any other agency for processing all fingerprintssubmitted by license applicants. The commission shall maintain a fileof fingerprints.
    (d) The commission may accept the results of fingerprints takenwithin the preceding five (5) years and accepted by a racing body inanother racing jurisdiction. The commission may require thatacceptance of fingerprints under this subsection be dependent on theexistence of a reciprocal agreement through which the stateproviding the fingerprints agrees to accept fingerprints from Indiana.
    (e) The commission shall coordinate with the state policedepartment for the storage of fingerprints submitted under thissection.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,SEC.20; P.L.50-1995, SEC.7; P.L.113-2010, SEC.10.

IC 4-31-6-9
Issuance, denial, suspension, or revocation of license; constructionwith other laws
    Sec. 9. Except as provided in sections 10 and 11 of this chapter,the issuance, denial, suspension, or revocation of a license under thischapter is subject to IC 4-21.5.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.23-1996,SEC.4.

IC 4-31-6-10
Suspension of license of person owing support; notice;reinstatement
    Sec. 10. (a) Upon receiving an order of a court issued underIC 31-14-12-6 or IC 31-16-12-9 (or IC 31-1-11.5-13(l) orIC 31-6-6.1-16(l) before their repeal), the commission shall:
        (1) suspend a license issued under this chapter to any personwho is the subject of the order; and
        (2) promptly mail a notice to the last known address of the

person who is the subject of the order, stating the following:
            (A) That the person's license is suspended beginning five (5)business days after the date the notice is mailed, and that thesuspension will terminate not earlier than ten (10) businessdays after the commission receives an order allowingreinstatement from the court that issued the suspensionorder.
            (B) That the person has the right to petition for reinstatementof a license issued under this chapter to the court that issuedthe order for suspension.
    (b) The commission shall not reinstate a license suspended undersubsection (a) until the commission receives an order allowingreinstatement from the court that issued the order for suspension.
As added by P.L.23-1996, SEC.5. Amended by P.L.1-1997, SEC.25;P.L.1-2002, SEC.12.

IC 4-31-6-11
Duties of commission upon receipt of certain bureau orders;probationary status; appeal; reinstatement
    Sec. 11. (a) Upon receiving an order from the bureau (Title IV-Dagency) under IC 31-25-4-32(h), the commission shall send to theperson who is the subject of the order a notice that does thefollowing:
        (1) States that the person is delinquent and is subject to an orderplacing the person on probationary status.
        (2) Explains that unless the person contacts the bureau and:
            (A) pays the person's child support arrearage in full;
            (B) establishes a payment plan with the bureau to pay thearrearage, which must include an income withholding orderunder IC 31-16-15-2 or IC 31-16-15-2.5; or
            (C) requests a hearing under IC 31-25-4-33;
        within twenty (20) days after the date the notice is mailed, thecommission shall place the person on probationary status withrespect to any license issued to the person under this chapter.
        (3) Explains that the person may contest the bureau'sdetermination that the person is delinquent and subject to anorder placing the person on probationary status by makingwritten application to the bureau within twenty (20) days afterthe date the notice is mailed.
        (4) Explains that the only basis for contesting the bureau'sdetermination that the person is delinquent and subject to anorder placing the person on probationary status is a mistake offact.
        (5) Explains the procedures to:
            (A) pay the person's child support arrearage in full;
            (B) establish a payment plan with the bureau to pay thearrearage, which must include an income withholding orderunder IC 31-16-15-2 or IC 31-16-15-2.5; and
            (C) request a hearing under IC 31-25-4-33.
        (6) Explains that the probation will terminate ten (10) business

days after the commission receives a notice from the bureau thatthe person has:
            (A) paid the person's child support arrearage in full; or
            (B) established a payment plan with the bureau to pay thearrearage, which includes an income withholding orderunder IC 31-16-15-2 or IC 31-16-15-2.5.
    (b) Upon receiving an order from the bureau (Title IV-D agency)under IC 31-25-4-34(c), the commission shall send to the person whois the subject of the order a notice that states the following:
        (1) That a license issued to the person under this chapter hasbeen placed on probationary status, beginning five (5) businessdays after the date the notice is mailed, and that the probationwill terminate ten (10) business days after the commissionreceives a notice from the bureau that the person has:
            (A) paid the person's child support arrearage in full; or
            (B) established a payment plan with the bureau to pay thearrearage, which includes an income withholding orderunder IC 31-16-15-2 or IC 31-16-15-2.5.
        (2) That if the commission is advised by the bureau that theperson whose license has been placed on probationary statushas failed to:
            (A) pay the person's child support arrearage in full; or
            (B) establish a payment plan with the bureau to pay thearrearage, which includes an income withholding orderunder IC 31-16-15-2 or IC 31-16-15-2.5;
        within twenty (20) days after the date the notice is mailed, thecommission shall suspend the person's license.
    (c) If a person whose license has been placed on probationarystatus fails to:
        (1) pay the person's child support arrearage in full; or
        (2) establish a payment plan with the bureau to pay thearrearage, which includes an income withholding order underIC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the notice required under subsection (b)is mailed, the commission shall suspend the person's license.
    (d) The commission may not reinstate a license placed onprobation or suspended under this section until the commissionreceives a notice from the bureau that the person has:
        (1) paid the person's child support arrearage in full; or
        (2) established a payment plan with the bureau to pay thearrearage, which includes an income withholding order underIC 31-16-15-2 or IC 31-16-15-2.5.
As added by P.L.23-1996, SEC.6. Amended by P.L.1-1997, SEC.26;P.L.145-2006, SEC.7; P.L.103-2007, SEC.1.