CHAPTER 8. PENALTIES

IC 4-32.2-8
    Chapter 8. Penalties

IC 4-32.2-8-1
Grounds for penalties
    Sec. 1. (a) The commission may suspend or revoke the license ofor levy a civil penalty against a qualified organization, amanufacturer, a distributor, or an individual under this article for anyof the following:
        (1) Violation of:
            (A) a provision of this article, IC 35-45-5-3, IC 35-45-5-3.5,IC 35-45-5-4, or a rule of the commission; or
            (B) any other local ordinance, state or federal statute, oradministrative rule or regulation that would cause thecommission to determine that the person is not of goodmoral character or reputation.
        (2) Failure to accurately account for a licensed supply.
        (3) Failure to accurately account for sales proceeds from anevent or activity licensed or permitted under this article.
        (4) Commission of a fraud, deceit, or misrepresentation.
        (5) Conduct prejudicial to public confidence in the commission.
    (b) If a violation is of a continuing nature, the commission mayimpose a civil penalty upon a licensee or an individual for each daythe violation continues.
    (c) For purposes of subsection (a), a finding that a person hasviolated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must besupported by a preponderance of the evidence.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,SEC.40.

IC 4-32.2-8-2
Civil penalty amounts
    Sec. 2. A civil penalty imposed by the commission upon aqualified organization or an individual under section 1 of this chaptermay not exceed the following amounts:
        (1) One thousand dollars ($1,000) for the first violation.
        (2) Two thousand five hundred dollars ($2,500) for the secondviolation.
        (3) Five thousand dollars ($5,000) for each additional violation.
As added by P.L.91-2006, SEC.3.

IC 4-32.2-8-3
Additional enforcement actions authorized
    Sec. 3. In addition to imposing a penalty described in section 1 ofthis chapter, the commission may do all or any of the following:
        (1) Lengthen a period of suspension of the license.
        (2) Prohibit an operator or an individual who has been found tobe in violation of this article from associating with charitygaming conducted by a qualified organization.
        (3) Impose an additional civil penalty of not more than one

hundred dollars ($100) for each day the civil penalty goesunpaid.
As added by P.L.91-2006, SEC.3.

IC 4-32.2-8-4
Criminal penalties
    Sec. 4. (a) Except as provided in subsection (b), a person or anorganization that recklessly, knowingly, or intentionally violates aprovision of this article commits a Class B misdemeanor.
    (b) An individual, a corporation, a partnership, a limited liabilitycompany, or other association that recklessly, knowingly, orintentionally enters into a contract or other agreement with aqualified organization in violation of IC 4-32.2-5-2 commits a ClassD felony.
As added by P.L.91-2006, SEC.3.

IC 4-32.2-8-5
Deposit of civil penalties
    Sec. 5. The commission shall deposit civil penalties collectedunder this chapter in the charity gaming enforcement fundestablished by IC 4-32.2-7-3.
As added by P.L.91-2006, SEC.3.