CHAPTER 3. POWERS AND DUTIES OF THE COMMISSION
IC 4-32.2-3
Chapter 3. Powers and Duties of the Commission
IC 4-32.2-3-1
Supervision and administration of events
Sec. 1. (a) The commission shall supervise and administerallowable events conducted under this article.
(b) The commission may by resolution assign to the executivedirector any duty imposed upon the commission by this article.
(c) The executive director shall perform the duties assigned to theexecutive director by the commission. The executive director mayexercise any power conferred upon the commission by this articlethat is consistent with the duties assigned to the executive directorunder subsection (b).
As added by P.L.91-2006, SEC.3.
IC 4-32.2-3-2
Investigations and other proceedings
Sec. 2. For purposes of conducting an investigation or aproceeding under this article, the commission may do the following:
(1) Administer oaths.
(2) Take depositions.
(3) Issue subpoenas.
(4) Compel the attendance of witnesses and the production ofbooks, papers, documents, and other evidence.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-3-3
Rules
Sec. 3. (a) The commission shall adopt rules under IC 4-22-2 forthe following purposes:
(1) Administering this article.
(2) Establishing the conditions under which charity gaming inIndiana may be conducted, including the manner in which aqualified organization may supervise a euchre game conductedunder IC 4-32.2-5-14(b).
(3) Providing for the prevention of practices detrimental to thepublic interest and providing for the best interests of charitygaming.
(4) Establishing rules concerning inspection of qualifiedorganizations and the review of the licenses necessary toconduct charity gaming.
(5) Imposing penalties for noncriminal violations of this article.
(6) Establishing standards for independent audits conductedunder IC 4-32.2-5-5.
(b) The commission may adopt emergency rules underIC 4-22-2-37.1 if the commission determines that:
(1) the need for a rule is so immediate and substantial thatrulemaking procedures under IC 4-22-2-13 throughIC 4-22-2-36 are inadequate to address the need; and (2) an emergency rule is likely to address the need.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,SEC.13; P.L.95-2008, SEC.5.
IC 4-32.2-3-4
Licensing of manufacturers and distributors
Sec. 4. (a) The commission has the sole authority to licenseentities under this article to sell, distribute, or manufacture a licensedsupply.
(b) The commission may not limit the number of qualified entitieslicensed under subsection (a).
(c) The commission may deny a license to an applicant for alicense to sell, manufacture, or distribute licensed supplies if thecommission determines that at least one (1) of the following applieswith respect to the applicant:
(1) The applicant has:
(A) violated a local ordinance, a state or federal statute, oran administrative rule or regulation and the violation wouldcause the commission to determine that the applicant, a keyperson, or a substantial owner of the applicant is not of goodmoral character or reputation; or
(B) committed any other act that would negatively impactthe integrity of charity gaming in Indiana.
(2) The applicant has engaged in fraud, deceit, ormisrepresentation.
(3) The applicant has failed to provide information required bythis article or a rule adopted under this article.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,SEC.14; P.L.60-2009, SEC.1.
IC 4-32.2-3-5
Fees
Sec. 5. The commission shall charge appropriate fees to thefollowing:
(1) An applicant for a license to conduct an allowable event.
(2) An applicant seeking a license to distribute a licensedsupply.
(3) An applicant seeking a license to manufacture a licensedsupply.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,SEC.15.
IC 4-32.2-3-6
Ownership, sale, and lease of property
Sec. 6. The commission may own, sell, and lease real and personalproperty necessary to carry out the commission's responsibilitiesunder this article.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-3-7
Employees; employment restrictions
Sec. 7. The commission may employ investigators and other staffnecessary to carry out this article. However, the restrictions andlimitations on the operators and workers set forth in IC 4-32.2-5-10apply to staff employed under this article. The employees hired bythe commission under this article may be the same as thecommission's employees hired under IC 4-33.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-3-8
Void rules
Sec. 8. A rule adopted under IC 4-22-2 that requires:
(1) a charity gaming patron to submit; or
(2) a qualified organization to obtain, record, or report;
information that is inconsistent with IC 4-32.2-5-5(a),IC 4-32.2-5-24, or IC 4-32.2-10-5 is void.
As added by P.L.60-2009, SEC.2.