CHAPTER 8. LICENSING OF OCCUPATIONS
IC 4-33-8
Chapter 8. Licensing of Occupations
IC 4-33-8-1
Occupations requiring license
Sec. 1. The commission shall determine the occupations relatedto riverboat gambling that require a license under this chapter.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-8-2
Occupational licenses; requirements; fees; duration; renewal;compliance investigations
Sec. 2. (a) The commission may issue an occupational license toan individual if:
(1) the individual has applied for the occupational license;
(2) a nonrefundable application fee set by the commission hasbeen paid on behalf of the applicant in accordance withsubsection (b);
(3) the commission has determined that the applicant is eligiblefor an occupational license; and
(4) an initial license fee in an amount established by thecommission has been paid on behalf of the applicant inaccordance with subsection (b).
(b) A licensed owner, an applicant for a riverboat owner's license,an operating agent, an applicant for an operating agent contract, ora holder of a supplier's license shall pay the application fee of anindividual applying for an occupational license to work:
(1) at the licensed owner's or operating agent's riverboatgambling operation; or
(2) for the holder of a supplier's license.
The licensed owner, applicant for a riverboat owner's license,operating agent, applicant for an operating agent contract, or holderof a supplier's license shall pay the initial occupational license fee orlicense renewal fee on behalf of an employee or potential employee.The licensed owner, applicant for a riverboat owner's license,operating agent, applicant for an operating agent contract, or holderof a supplier's license may seek reimbursement of an application fee,initial license fee, or license renewal fee from an employee who isissued an occupational license.
(c) A license issued under this chapter is valid for one (1) year,two (2) years, or (3) years after the date of issuance as determined bythe commission.
(d) Unless an occupational license is suspended, expires, or isrevoked, the occupational license may be renewed upon:
(1) the payment of a license renewal fee by the licensed owner,operating agent, or holder of a supplier's license on behalf of thelicensee in an amount established by the commission; and
(2) a determination by the commission that the licensee is incompliance with this article.
(e) The commission may investigate the holder of an occupational
license at any time the commission determines it is necessary toensure that the licensee is in compliance with this article.
(f) A licensed owner, an applicant for a riverboat owner's license,an operating agent, an applicant for an operating agent contract, ora holder of a supplier's license shall pay the cost of an investigationor reinvestigation of a holder of an occupational license who isemployed by the licensed owner, operating agent, or licensedsupplier. The licensed owner, applicant for a riverboat owner'slicense, operating agent, applicant for an operating agent contract, orholder of a supplier's license may seek reimbursement of the cost ofan investigation or reinvestigation from an employee who holds anoccupational license.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.20-1995,SEC.14; P.L.92-2003, SEC.35; P.L.142-2009, SEC.14.
IC 4-33-8-3
Qualifications
Sec. 3. Except as provided by section 11 of this chapter, thecommission may not issue an occupational license to an individualunless the individual:
(1) is at least eighteen (18) years of age;
(2) has not been convicted of a felony under Indiana law, thelaws of any other state, or the laws of the United States;
(3) has demonstrated a level of skill or knowledge that thecommission determines is necessary to operate gambling gameson a riverboat; and
(4) has met standards adopted by the commission for theholding of an occupational license.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-8-4
Management of riverboat gambling operations
Sec. 4. The commission shall adopt rules under IC 4-22-2providing the following:
(1) That an individual applying for an occupational license tomanage riverboat gambling operations under this article issubject to background inquiries and requirements similar tothose required for an applicant for an owner's license underIC 4-33-6.
(2) That each individual applying for an occupational licensemay manage gambling operations for only one (1) licensedowner or operating agent.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,SEC.36.
IC 4-33-8-5
Applications
Sec. 5. (a) An application for an occupational license must:
(1) be made on forms prescribed by the commission; and
(2) contain all information required by the commission. (b) An applicant for an occupational license must provide thefollowing information in the application:
(1) If the applicant has held other licenses relating to gambling.
(2) If the applicant has been licensed in any other state underany other name. The applicant must provide under thissubdivision the name under which the applicant was licensed inthe other state.
(3) The applicant's age.
(4) If a permit or license issued to the applicant in another statehas been suspended, restricted, or revoked. The applicant mustdescribe the date and length of a suspension, restriction, orrevocation described in this subdivision.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-8-6
Fingerprints
Sec. 6. An applicant for an occupational license must submit withthe application two (2) sets of the applicant's fingerprints. Theapplicant must submit the fingerprints on forms provided by thecommission. The commission shall charge each applicant a fee set bythe state police department to defray the costs associated with thesearch and classification of the applicant's fingerprints.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-8-7
Restrictions on issuance of license
Sec. 7. The commission may refuse to issue an occupationallicense to an individual who:
(1) is unqualified to perform the duties required of theapplicant;
(2) does not disclose or states falsely any information requiredby the application;
(3) has been found guilty of a violation of this article;
(4) has had a gambling related license or an application for agambling related license suspended, restricted, revoked, ordenied for just cause in another state; or
(5) for just cause is considered by the commission to be unfit tohold an occupational license.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-8-8
Suspension, revocation, or restriction of licenses
Sec. 8. The commission may suspend, revoke, or restrict anoccupational licensee for the following reasons:
(1) A violation of this article.
(2) A cause that if known to the commission would havedisqualified the applicant from receiving the occupationallicense.
(3) A default in the payment of an obligation or a debt due tothe state. (4) Any other just cause.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-8-9
Schools for training occupational licensees
Sec. 9. (a) This article does not prohibit a licensed owner or anoperating agent from entering into an agreement with a schoolapproved by the commission for the training of an occupationallicensee.
(b) Training offered by a school described in subsection (a) mustbe:
(1) in accordance with a written agreement between the licensedowner or operating agent and the school; and
(2) approved by the commission.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,SEC.37.
IC 4-33-8-10
Training locations
Sec. 10. Training provided for occupational licensees may beconducted:
(1) on a riverboat; or
(2) at a school with which a licensed owner or an operatingagent has entered into an agreement under section 9 of thischapter.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,SEC.38.
IC 4-33-8-11
Convicted felons; rehabilitation; waiver
Sec. 11. (a) An individual who is disqualified under section 3(2)of this chapter due to a conviction for a felony may apply to thecommission for a waiver of the requirements of section 3(2) of thischapter.
(b) The commission may waive the requirements of section 3(2)of this chapter with respect to an individual applying for anoccupational license if:
(1) the individual qualifies for a waiver under subsection (e) or(f); and
(2) the commission determines that the individual hasdemonstrated by clear and convincing evidence the individual'srehabilitation.
(c) In determining whether the individual applying for theoccupational license has demonstrated rehabilitation undersubsection (b), the commission shall consider the following factors:
(1) The nature and duties of the position applied for by theindividual.
(2) The nature and seriousness of the offense or conduct.
(3) The circumstances under which the offense or conductoccurred. (4) The date of the offense or conduct.
(5) The age of the individual when the offense or conduct wascommitted.
(6) Whether the offense or conduct was an isolated or arepeated incident.
(7) A social condition that may have contributed to the offenseor conduct.
(8) Evidence of rehabilitation, including good conduct in prisonor in the community, counseling or psychiatric treatmentreceived, acquisition of additional academic or vocationaleducation, successful participation in a correctional workrelease program, or the recommendation of a person who has orhas had the individual under the person's supervision.
(9) The complete criminal record of the individual.
(10) The prospective employer's written statement that:
(A) the employer has been advised of all of the facts andcircumstances of the individual's criminal record; and
(B) after having considered the facts and circumstances, theprospective employer will hire the individual if thecommission grants a waiver of the requirements of section3(2) of this chapter.
(d) The commission may not waive the requirements of section3(2) of this chapter for an individual who has been convicted ofcommitting any of the following:
(1) A felony in violation of federal law (as classified in 18U.S.C. 3559).
(2) A felony of fraud, deceit, or misrepresentation under thelaws of Indiana or any other jurisdiction.
(3) A felony of conspiracy to commit a felony described insubdivision (1), (2) or (4) under the laws of Indiana or any otherjurisdiction.
(4) A felony of gambling under IC 35-45-5 or IC 35-45-6 or acrime in any other jurisdiction in which the elements of thecrime for which the conviction was entered are substantiallysimilar to the elements of a crime described in IC 35-45-5 orIC 35-45-6.
(e) The commission may waive the requirements of section 3(2)of this chapter for an individual if:
(1) the individual has been convicted of committing:
(A) a felony described in IC 35-42 against another humanbeing or a felony described in IC 35-48-4;
(B) a felony under Indiana law that results in bodily injury,serious bodily injury, or death to another human being; or
(C) a crime in any other jurisdiction in which the elementsof the crime for which the conviction was entered aresubstantially similar to the elements of a felony described inclause (A) or (B); and
(2) ten (10) years have elapsed from the date the individual wasdischarged from probation, imprisonment, or parole, whicheveris later, for the conviction described in subdivision (1). (f) The commission may waive the requirements of section 3(2)of this chapter for an individual if:
(1) the individual has been convicted in Indiana or any otherjurisdiction of committing a felony not described in subsection(d) or (e); and
(2) five (5) years have elapsed from the date the individual wasdischarged from probation, imprisonment, or parole, whicheveris later, for the conviction described in subdivision (1).
(g) To enable a prospective employer to determine, for purposesof subsection (c)(10), whether the prospective employer has beenadvised of all of the facts and circumstances of the individual'scriminal record, the commission shall notify the prospectiveemployer of all information that the commission:
(1) has obtained concerning the individual; and
(2) is authorized to release under IC 5-14.
(h) The commission shall deny the individual's request to waivethe requirements of section 3(2) of this chapter if the individual failsto disclose to both the commission and the prospective employer allinformation relevant to this section.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.29-1996,SEC.1.