CHAPTER 23. DENIAL, SUSPENSION, AND REVOCATION OF PERMITS
IC 7.1-3-23
Chapter 23. Denial, Suspension, and Revocation of Permits
IC 7.1-3-23-1
No right to compel issuance
Sec. 1. No Right to Compel Issuance. An applicant for a permit ofany type authorized by this title shall have no right to compel theissuance of a permit to him unless otherwise provided in this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-2
Fine, suspension, and revocation
Sec. 2. (a) The commission may:
(1) fine or suspend or revoke the permit of; or
(2) fine and suspend or revoke the permit of;
a permittee for the violation of a provision of this title or of a rule orregulation of the commission. The commission may fine a permitteefor each day the violation continues if the violation is of a continuingnature.
(b) The commission shall revoke the permit of a permittee for theviolation of IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4. A findingthat a permittee has violated IC 35-45-5-3, IC 35-45-5-3.5, orIC 35-45-5-4 must be supported by a preponderance of the evidence.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.227-2007,SEC.62; P.L.3-2008, SEC.69.
IC 7.1-3-23-3
Maximum penalties
Sec. 3. The commission, pursuant to section 2 of this chapter, mayimpose upon a permittee the following civil penalties:
(1) An amount of not more than four thousand dollars ($4,000)for each violation if the permittee is a brewer or distiller.
(2) An amount of not more than two thousand dollars ($2,000)for each violation if the permittee is a wholesaler of any type.
(3) An amount of not more than one thousand dollars ($1,000)for each violation if the permittee is the holder of a permit of atype not listed in subdivision (1) or (2).
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.32-1988,SEC.3.
IC 7.1-3-23-4
Additional fine
Sec. 4. Additional Fine. The commission, if a fine imposedpursuant to IC 1971, 7.1-3-23-2, is not paid according to the order ofcommission, may suspend or add to the period of suspension of apermit in the following increments:
(a) A period of one (1) day for each one hundred dollars ($100)remaining unpaid if the permittee is a brewer or distiller;
(b) A period of one (1) day for each fifty dollars ($50) remainingunpaid if the permittee is a wholesaler of any type; and, (c) A period of one (1) day for each twenty-five dollars ($25)remaining unpaid if the permittee is the holder of a permit of a typenot listed in (a) or (b) of this section.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-5
Revocation of permits
Sec. 5. The commission shall revoke a permit of any type only onaccount of the violation of, or refusal to comply with, a provision ofthis title or of a rule or regulation of the commission, or on accountof a violation of IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4. Afinding that a permittee has violated IC 35-45-5-3, IC 35-45-5-3.5, orIC 35-45-5-4 must be supported by a preponderance of the evidence.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.227-2007,SEC.63.
IC 7.1-3-23-6
Revocation of permits; procedure
Sec. 6. Revocation of Permits: Procedure. The commission shallgive at least ten (10) days notice to the holder of the permit proposedto be revoked. The notice shall inform the holder of the time andplace of the hearing to be held in regard to the proposed revocation.Unless otherwise provided in this title, all further procedures withreference to the revocation of a permit shall be prescribed by rule andregulation of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-7
Suspension; general rule
Sec. 7. (a) Except as provided in subsection (b), the commission,after notice and hearing, and for cause other than that expresslyprovided in this title, may suspend a permit to manufacture, transportor sell alcoholic beverages for not longer than thirty (30) days for theviolation of a provision of this title, or for the failure or the refusalto comply with a rule or regulation of the commission.
(b) This subsection applies to an individual charged with a ClassB misdemeanor for violating IC 7.1-5-10-15(a). Upon receivingnotice of charges filed under IC 7.1-5-10-15(a), the commission:
(1) shall hold a hearing under section 6 of this chapter; and
(2) may suspend the permit of the individual charged with theviolation until disposition of the charges.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.125-2000,SEC.3.
IC 7.1-3-23-8
Procedure applicable
Sec. 8. A proceeding before the commission which could result inthe revocation or suspension in excess of three (3) days of the permitof a permittee authorized to sell alcoholic beverages at retail shall beconducted in the manner prescribed in section 6 of this chapter.(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.100-1983,SEC.2; P.L.7-1987, SEC.8.
IC 7.1-3-23-9
Judicial review
Sec. 9. Whenever the permit of a permittee authorized to sellalcoholic beverages at retail is revoked or suspended in excess ofthree (3) days by action of the commission, the aggrieved permitteemay seek judicial review of the action by following IC 4-21.5-5,except that the action for judicial review shall be filed in the circuitor superior court having jurisdiction in the county in which thelicensed premises are located.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.100-1983,SEC.3; P.L.7-1987, SEC.9.
IC 7.1-3-23-10
Repealed
(Repealed by P.L.100-1983, SEC.8.)
IC 7.1-3-23-11
Nonrenewal; judicial review available
Sec. 11. Whenever an application for the renewal of a permit tosell alcoholic beverages at retail, except a temporary beer or winepermit, is denied by the commission, the applicant may seek judicialreview of that action by following IC 4-21.5-5, except that the actionfor judicial review shall be filed in the circuit or superior courthaving jurisdiction in the county in which the licensed premises arelocated. However, this section shall not apply to a denial of a transferof a permit to either another holder or location, or both.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.59, SEC.6.) Asamended by P.L.7-1987, SEC.10.
IC 7.1-3-23-12
Cessation of qualifications
Sec. 12. Cessation of Qualifications. The commission may revokethe permit of a permittee if he at any time ceases to possess any ofthe qualifications, including the alteration or cessation of theparticular business or type of business then engaged in, whichqualifies him to hold that permit, required for the issuance of thatparticular type of permit under this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-13
Location of premises
Sec. 13. Location of Premises. The commission may void a permitissued upon an application not fully disclosing the true facts inrespect to the location of the premises for which the permit appliedfor is to be applicable.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-14
Revocation for refusal to allow examination
Sec. 14. Revocation for Refusal to Allow Examination. Thecommission shall revoke the permit of a person, or refuse to issue apermit to a person, who refuses to permit the lawful examination ofhis books, papers, and records, or the investigation and examinationof his premises by the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-15
Repealed
(Repealed by P.L.250-2003, SEC.18.)
IC 7.1-3-23-16
Revocation upon conviction
Sec. 16. The commission may revoke a wholesaler's, retailer's, ordealer's permit of any type after final judgment of conviction for anoffense defined in this title. The commission may revoke the permitof a wholesaler, retailer, or dealer upon a second violation of aprovision of this title whether a judgment of conviction ensues ornot.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.250-2003,SEC.12.
IC 7.1-3-23-17
Revocation for possession of wagering stamps
Sec. 17. Revocation for Possession of Wagering Stamp. Thecommission shall revoke the permit of a retail permittee whopurchases, holds, or has in his possession a wagering occupationaltax stamp issued by the United States internal revenue authorities.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-18
Revocation for illegal influence
Sec. 18. Revocation for Illegal Influence. The commission shalldeny the application, or revoke the permit, of an applicant orpermittee who violates the provisions of IC 1971, 7.1-5-5-1.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-19
Revocation for allowing minor on premises
Sec. 19. Revocation for Allowing Minor on Premises. Thecommission shall revoke the permit of a person who violates aprovision of IC 1971, 7.1-5-7-14, and that person shall be ineligibleto obtain another permit thereafter.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-20
Revocation for false information of interested parties
Sec. 20. The commission shall deny the application, or revoke the
permit, of a person who:
(1) includes on the list of interested parties required to be filedby IC 7.1-3-21-8, a:
(A) fictitious name; or
(B) a person disqualified under this title from having aninterest in an alcoholic beverage permit; or
(2) omits from the list the name of a person whose name shouldbe on it.
The commission shall take the same action if the applicant orpermittee fails to keep the list current as required by that section.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,SEC.40.
IC 7.1-3-23-21
Revocation upon petition
Sec. 21. Revocation upon Petition. The commission shall revokethe permit of a retail permittee upon the petition of sixty-six per cent(66%) of the registered voters of a township or precinct stating thatthe permittee within that township or precinct has been convicted,either before a court or the commission, of a violation of a provisionof this title. However, this section shall not apply to the permit of abona fide fraternal club.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-22
Contents of petition
Sec. 22. Contents of Petition. The petition authorized by IC 1971,7.1-3-23-21, shall be addressed to the commission and shall specifythe name and business address of the permittee against whom thepetition is directed. The petition shall bear on each page the nameand address of the circulator of the petition, who shall be a registeredvoter in the particular township or precinct, together with thenotorized attestation of the circulator that the signatures obtained onthe petition were obtained only after a full and clear explanation ofthe purpose of the petition. The petition also shall bear thecertification of the clerk of the circuit court of the county in whichthe township or precinct is located attesting that the signatures on thepetition are those of duly registered voters of the particular townshipor precinct together with a statement by the clerk as to the total votecast in that township or precinct for the office of secretary of state inthe last preceding general election for that office.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-23
Revocation for prohibited interest; beer
Sec. 23. (a) This section applies to a brewer that manufacturesmore than twenty thousand (20,000) barrels of beer in a calendaryear.
(b) The commission shall revoke the permit of a brewer or beerwholesaler who holds an interest in another permit in violation of
IC 7.1-5-9-3.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.88-1993,SEC.4.
IC 7.1-3-23-24
Revocation for prohibited interest; liquor
Sec. 24. Revocation for Prohibited Interest. The commission shallrevoke the permit of a distiller, rectifier, or liquor wholesaler whoholds an interest in another permit in violation of IC 1971, 7.1-5-9-6.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-25
Revocation for violation of agreement
Sec. 25. Revocation for Violation of Agreement. The commission,after notice and hearing, may suspend for no more than thirty (30)days, or revoke, an agreement and bond filed pursuant to IC 1971,7.1-3-2-4, and 7.1-3-2-5, if the principal violates his agreement withthe commission. The commission also may take action on the bondif it revokes the agreement. A principal whose agreement and bondis suspended or revoked by the commission may seek judicial reviewof that action as provided in this chapter.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-26
Repealed
(Repealed by P.L.100-1983, SEC.8.)
IC 7.1-3-23-26.1
Violations related to minors and alcohol server training;revocation or suspension of permit; fines; written findings andconclusions
Sec. 26.1. (a) A retailer permittee or dealer permittee who violatesIC 7.1-3-1.5-13, IC 7.1-5-7-4, or IC 7.1-5-7-8 through IC 7.1-5-7-13may be fined, have the permittee's permit suspended, or be fined andhave the permittee's permit suspended, as determined by thecommission; however, if the penalty imposed by the commissionexceeds a fine and three (3) day suspension, the commission mustissue written findings of fact and conclusions which show thenecessity of the penalty. If the retailer or dealer permittee commitsa subsequent violation of the provisions listed in this subsectionwithin twelve (12) months of the first violation, the commission mayfine the permittee, fine the permittee and suspend the permittee'spermit, or revoke the permittee's permit; however, if the penaltyexceeds a fine and suspension of more than fifteen (15) days, thecommission must issue written findings of fact and conclusionswhich show the necessity of the penalty.
(b) The holder of an employee permit who violates IC 7.1-5-7-4or IC 7.1-5-7-8 through IC 7.1-5-7-13 may be fined, have thepermittee's permit suspended, be both fined and have the permittee'spermit suspended, or have the permittee's permit revoked, as
determined by the commission.
As added by P.L.100-1983, SEC.4. Amended by P.L.161-2005,SEC.2.
IC 7.1-3-23-27
Revocation for violation of order
Sec. 27. Revocation for Violation of Order. The commission mayrevoke the permit of a permittee for the violation of an order enteredby it pursuant to IC 1971, 7.1-2-7. A revocation under this sectionmay be made after not less than ten (10) days' notice to the permittee.The notice shall inform the permittee of the time and place of thehearing to be held in regard to the proposed revocation. The furtherprocedure in regard to a revocation under this section shall beprescribed in the rules and regulations of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-28
Revocation for violation of injunction
Sec. 28. Revocation Re Violation of Injunction. The commissionmay suspend or revoke the permit of a permittee if the court findsthat the permittee has violated any of the provisions of an injunctionissued by it under the provisions of IC 1971, 7.1-3-3-17.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-29
Revocation for taxes and bonds
Sec. 29. Revocation Re Taxes and Bonds. The commission mayrevoke the permit of a manufacturer or wholesaler of alcoholicbeverages for the failure to pay the taxes when required to do so bythis title, or for the failure to keep in force the bond required of theapplicant for his particular permit. The action of the commission inthese matters shall be final.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-30
Denial of wholesalers' permit
Sec. 30. Denial of Wholesalers' Permit. The commission shall notdeny, fail to renew, or revoke a wholesaler's permit of any type onarbitrary, capricious, or political grounds.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-31
Appeal by applicant for wholesalers' permit
Sec. 31. An applicant aggrieved by the action of the commissionin denying, failing to renew, or revoking, a wholesaler's permit ofany type, contrary to the provisions of IC 7.1-3-23-30, shall have theright to secure a review of that determination by petition to thesuperior court of Marion County under the same conditions and inthe same manner and mode of procedure as provided in this chapterfor other appeals. The court shall, from the evidence presented,
determine if the applicant has been denied a permit or renewal, orhas had his permit revoked, on arbitrary, capricious, or politicalgrounds and if the court determines that the permit or renewal wasimproperly denied or revoked, the court shall issue a writ of mandateordering the commission to issue, renew, or reinstate the permit.However, either party shall have the right of appeal from thejudgment of the superior court of Marion County as an appeal istaken in a civil action.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.141-2007,SEC.1.
IC 7.1-3-23-32
Notice to permittee in certain cases
Sec. 32. Notice to Permittee in Certain Cases. The commissionshall give notice of its proposed action to the applicant or permitteeif the commission determines not to issue or renew a manufacturer'sor wholesaler's permit, or if the commission determines to take actionto revoke or suspend a manufacturer's or wholesaler's permit after ithas been issued.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-33
Right to a public hearing
Sec. 33. Right to a Public Hearing. A person who receives anotice given pursuant to IC 1971, 7.1-3-23-32, shall have the right toa public hearing at the time and place fixed in the notice and he shallbe permitted to be heard and offer evidence. The evidence may bewritten, in the form of affidavits, or parol. Unless the commissionprovides a reporter to take and transcribe the parol evidence, thenotice shall inform the person that no reporter will be provided butthat he has the right to have a reporter present at his own expense.The evidence, transcribed and verified by the reporter, or the writtenevidence offered and accepted by the commission, or both, shall befiled and become a part of the record of the proceedings.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-34
Final action of commission
Sec. 34. Final Action of Commission. The commission shall takefinal action within ten (10) days after the hearing and enter anappropriate order in the matter and shall notify the applicant, orpermittee, of its action by registered mail.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-35
Court review available
Sec. 35. Court Review Available. The applicant, or permittee,within ten (10) days of the receipt of the commission's notice of finalaction, may appeal to the circuit or superior court of Marion County,from the final order of the commission denying, suspending, or
revoking his manufacturer's or wholesaler's permit of any type.However, an applicant for the original issue or renewal of awholesaler's permit shall have the right to appeal to the superiorcourt of Marion County but not to the circuit court of MarionCounty.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-36
Initiation of appeal
Sec. 36. Initiation of Appeal. The appeal shall be taken by theapplicant, or permittee, by filing written notice of his intention toappeal from the final order of the commission to the appropriatecourt, and by filing a bond with the commission in the penal sum ofone thousand dollars ($1,000), conditioned that he will prosecute hisappeal to effect, and will pay the costs of the proceedings uponappeal, and that he will pay all necessary expenses incurred by thecommission as a result of the appeal if the order of the commissionis affirmed.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-37
Appeal bond
Sec. 37. Appeal Bond. The appeal bond filed with the commissionby an applicant, or permittee, shall be a corporate bond secured bya surety company duly authorized to do business in Indiana, or byfreehold sureties, shown by verification or otherwise, to be worth inunencumbered real estate located within the county of the applicant,or permittee, appealing, over and above all indebtedness, twice theamount of the bond.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-38
Transmission of record
Sec. 38. Transmission of Record. The commission, within ten (10)days after the filing of the notice of appeal and the appeal bond withthe commission, shall transmit the papers, files, written evidence andthe transcript of the hearing, to the clerk of the court to which theappeal is taken. The entire contents of the record transmitted by thecommission shall be duly verified by certificate of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-39
Stay of suspension or revocation; general rule
Sec. 39. Stay of Suspension or Revocation: General Rule. Thefinal order of revocation or suspension entered by the commissionshall be stayed for ten (10) days from the date of the final orderwhenever a manufacturer's or wholesaler's permit of any type isrevoked or suspended for more than fifteen (15) days by order of thecommission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-40
Stay pending appeal
Sec. 40. Stay Pending Appeal. The final order of suspension orrevocation shall be stayed, when the proper procedures for taking anappeal have been complied with, until the appeal has been disposedof finally, or until the appeal has been dismissed for lack ofprosecution.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-41
Trial
Sec. 41. Trial. The action shall be entered upon the civil docket ofthe court to which the appeal is taken naming the appellant applicant,or permittee, as plaintiff, and the commission as defendant. Noformal pleadings shall be required and the case shall be set forhearing by the court, without a jury, as soon as possible. The causemay be determined upon hearing upon the evidence offered beforethe commission and as certified by the commission, or additionalevidence may be offered by either party. The court shall enter anorder, after the hearing, sustaining or setting aside the final order ofthe commission. If the court sets aside an order of the commissiondenying a permit, the court, in its order, shall direct the issuance ofthe permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-42
Continued operations during stay
Sec. 42. Continued Operations During Stay. A permittee duringthe period that the order of suspension or revocation is stayed underIC 1971, 7.1-3-23-39, or 7.1-3-23-40, shall be fully authorized andentitled to continue to do business under his permit as though hispermit had not been suspended or revoked and without being liablein any manner, criminally or civilly, on the ground of operating hisbusiness without a proper permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-43
Suspension of permit for failure to pay seller of permit
Sec. 43. (a) The commission may suspend the permit of a permitholder if:
(1) the permit holder has not paid the person who sold thepermit to the permit holder in accordance with the terms of thesale;
(2) the seller of the permit receives a judgment against thepermit holder in an action to obtain payment for the permit inaccordance with the terms of the sale; and
(3) the seller of the permit sends a certified copy of thejudgment to the commission.
(b) Before suspending a certificate under this section, thecommission shall provide written notice to the permit holder and
conduct a hearing. The commission shall provide written notice ofthe suspension to the permit holder.
(c) If a person who sells a permit:
(1) sends a judgment to the commission under subsection (a);and
(2) subsequently receives full payment of the judgment;
the seller shall notify the commission in a manner prescribed by thecommission that the seller has received full payment of the judgmentnot later than ten (10) days after receiving the payment.
As added by P.L.224-2005, SEC.18.
IC 7.1-3-23-44
Employee's permit; support order; notice; probationary status;appeal; reinstatement
Sec. 44. (a) As used in this section, "bureau"refers to the childsupport bureau of the department of child services establish byIC 31-25-3-1.
(b) As used in this section, "delinquent" has the meaning set forthin IC 4-35-2-3.5.
(c) Upon receiving an order from the bureau (Title IV-D agency)under IC 31-25-4-32(k), the commission shall send to the person whois the subject of the order a notice that includes the followinginformation:
(1) The person is delinquent and subject to an order placing theperson on probationary status.
(2) 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 includes 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 a permit issued to the person underIC 7.1-3-18-9(a)(3).
(3) The person may contest the bureau's determination that theperson is delinquent and subject to an order placing the personon probationary status by making written application to thebureau within twenty (20) days after the date the notice ismailed.
(4) The only basis for contesting the bureau's determination thatthe person is delinquent and subject to an order placing theperson on probationary status is a mistake of fact.
(5) 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 includes 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) The probation will end ten (10) business days after the date
that the commission receives a notice from the bureau that theperson 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.
(d) If the commission is advised by the bureau that the obligoreither requested a hearing and failed to appear or appeared and wasfound to be delinquent, the commission shall send to the person whois the subject of the order a notice that states the following:
(1) That a permit issued to the person under IC 7.1-3-18-9(a)(3)has been placed on probationary status, beginning five (5)business days after the date the notice is mailed, and that theprobation will end ten (10) business days after the date that thecommission receives a notice from the bureau that the personhas:
(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 permit has been placed on probationary status hasfailed 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 permit.
(e) If a person whose permit 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 (c)is mailed, the commission shall suspend the person's permit.
(f) The commission may not reinstate a permit 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.80-2010, SEC.10.
IC 7.1-3-23-45
Employee's permit; duties of commission upon receipt of supportorder; notice; reinstatement
Sec. 45. (a) Upon receiving a court order issued under
IC 31-14-12-10 or IC 31-16-12-13, the commission shall:
(1) suspend the employee's permit of; or
(2) deny an employee's permit or the renewal of an employee'spermit to;
the person who is the subject of the order.
(b) Upon receiving a court order issued under IC 31-14-12-10 orIC 31-16-12-13, the commission shall promptly mail a notice to thelast known address of the person who is the subject of the order thatstates the following:
(1) That the:
(A) person's employee's permit has been suspended,beginning five (5) business days after the date the notice ismailed; and
(B) suspension will end ten (10) business days after thecommission receives an order from the court that ordered thesuspension authorizing reinstatement of the person'semployee's permit.
(2) That the person has the right to petition for reinstatement ofthe employee's permit to the court that ordered the suspension.
(c) The commission may not reinstate an employee's permitsuspended under this section until the commission receives an orderfrom the court that ordered the suspension authorizing reinstatementof the person's employee's permit.
As added by P.L.80-2010, SEC.11.