CHAPTER 6.5. LICENSING OF OCCUPATIONS
IC 4-35-6.5
Chapter 6.5. Licensing of Occupations
IC 4-35-6.5-1
Occupations requiring license
Sec. 1. The commission shall determine the occupations relatedto gambling games at racetracks that require a license under thischapter.
As added by P.L.233-2007, SEC.21.
IC 4-35-6.5-2
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 permit holder that is an applicant for a license under thisarticle or that is issued a license under this article or a holder of asupplier's license under this article shall pay the application fee of anindividual applying for an occupational license to work:
(1) in an occupation related to gambling games at the permitholder's racetrack; or
(2) for the holder of a supplier's license.
A permit holder that is an applicant for a license under this article orthat is issued a license under this article or a holder of a supplier'slicense under this article shall pay the initial occupational license feeor license renewal fee on behalf of an employee or potentialemployee. A permit holder that is an applicant for a license underthis article or that is issued a license under this article or a holder ofa supplier's license under this article may seek reimbursement of theapplication fee, initial license fee, or license renewal fee from anemployee who is issued an occupational license.
(c) A license issued under this chapter is valid for one (1) year,two (2) years, or three (3) years after the date of issuance asdetermined by the 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 permit holderthat is issued a license under this article or the holder of asupplier's license under this article on behalf of the licensee inan amount established by the commission; and
(2) a determination by the commission that the licensee is in
compliance with this article.
(e) The commission may investigate the holder of an occupationallicense at any time the commission determines it is necessary toensure that the licensee is in compliance with this article.
(f) A permit holder that is an applicant for a license under thisarticle or that is issued a license under this article or a holder of asupplier's license under this article:
(1) shall pay the cost of an investigation or reinvestigation of aholder of an occupational license who is employed by thepermit holder or holder of a supplier's license; and
(2) may seek reimbursement of the cost of an investigation orreinvestigation from an employee who holds an occupationallicense.
As added by P.L.233-2007, SEC.21. Amended by P.L.142-2009,SEC.24.
IC 4-35-6.5-3
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 gamesat racetracks; and
(4) has met standards adopted by the commission for theholding of an occupational license.
As added by P.L.233-2007, SEC.21.
IC 4-35-6.5-4
Management of slot machine 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 gambling games at racetracks under this article issubject to background inquiries and requirements similar tothose required for an applicant for a license under IC 4-33-6.
(2) That each individual applying for an occupational licensemay manage gambling games for only one (1) licensee.
As added by P.L.233-2007, SEC.21.
IC 4-35-6.5-5
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.233-2007, SEC.21.
IC 4-35-6.5-6
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.233-2007, SEC.21.
IC 4-35-6.5-7
Restrictions on issuance
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.233-2007, SEC.21.
IC 4-35-6.5-8
Suspension, revocation, or restriction of licensee
Sec. 8. The commission may suspend, revoke, or restrict anoccupational license 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.233-2007, SEC.21. Amended by P.L.3-2008,
SEC.15.
IC 4-35-6.5-9
Schools for training occupational licensees
Sec. 9. (a) This article does not prohibit a permit holder that isissued a license 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 licenseeand the school; and
(2) approved by the commission.
As added by P.L.233-2007, SEC.21.
IC 4-35-6.5-10
Training locations
Sec. 10. Training provided for occupational licensees may beconducted:
(1) at a racetrack; or
(2) at a school with which a licensee has entered into anagreement under section 9 of this chapter.
As added by P.L.233-2007, SEC.21.
IC 4-35-6.5-11
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 a
repeated 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 anyother jurisdiction.
(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.233-2007, SEC.21.
IC 4-35-6.5-12
Sanctions and penalties for failure to withhold delinquent childsupport; immunity from liability
Sec. 12. (a) A permit holder or trustee that fails to comply withIC 4-35-4-16 is subject to sanctions established by the commissionunder section 13 of this chapter.
(b) A permit holder or trustee that makes a payment of cashwinnings to an obligor in violation of IC 4-35-4-16 is not liable to aperson to whom the obligor owes child support.
(c) A permit holder or trustee is immune from civil and criminalliability for acting in compliance with IC 4-35-4-16.
As added by P.L.80-2010, SEC.7.
IC 4-35-6.5-13
Sanctions and penalties for failure to withhold delinquent childsupport
Sec. 13. (a) A permit holder or trustee that personally or throughthe act or omission of an employee, independent contractor, agent,or representative fails to withhold delinquent child support from thecash winnings of an obligor as required under IC 4-35-4-16 is subjectto penalties and sanctions established by the commission under thissection.
(b) The commission may adopt rules under IC 4-22-2 to establishpenalties and sanctions for any permit holder or trustee who fails towithhold delinquent child support from cash winnings.
As added by P.L.80-2010, SEC.8.