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 administer
allowable events conducted under this article.
(b) The commission may by resolution assign to the executive
director any duty imposed upon the commission by this article.
(c) The executive director shall perform the duties assigned to the
executive director by the commission. The executive director may
exercise any power conferred upon the commission by this article
that is consistent with the duties assigned to the executive director
under 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 a
proceeding 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 of
books, 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 for
the following purposes:
(1) Administering this article.
(2) Establishing the conditions under which charity gaming in
Indiana may be conducted, including the manner in which a
qualified organization may supervise a euchre game conducted
under IC 4-32.2-5-14(b).
(3) Providing for the prevention of practices detrimental to the
public interest and providing for the best interests of charity
gaming.
(4) Establishing rules concerning inspection of qualified
organizations and the review of the licenses necessary to
conduct charity gaming.
(5) Imposing penalties for noncriminal violations of this article.
(6) Establishing standards for independent audits conducted
under IC 4-32.2-5-5.
(b) The commission may adopt emergency rules under
IC 4-22-2-37.1 if the commission determines that:
(1) the need for a rule is so immediate and substantial that
rulemaking procedures under IC 4-22-2-13 through
IC 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 license
entities under this article to sell, distribute, or manufacture a licensed
supply.
(b) The commission may not limit the number of qualified entities
licensed under subsection (a).
(c) The commission may deny a license to an applicant for a
license to sell, manufacture, or distribute licensed supplies if the
commission determines that at least one (1) of the following applies
with respect to the applicant:
(1) The applicant has:
(A) violated a local ordinance, a state or federal statute, or
an administrative rule or regulation and the violation would
cause the commission to determine that the applicant, a key
person, or a substantial owner of the applicant is not of good
moral character or reputation; or
(B) committed any other act that would negatively impact
the integrity of charity gaming in Indiana.
(2) The applicant has engaged in fraud, deceit, or
misrepresentation.
(3) The applicant has failed to provide information required by
this 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 the
following:
(1) An applicant for a license to conduct an allowable event.
(2) An applicant seeking a license to distribute a licensed
supply.
(3) An applicant seeking a license to manufacture a licensed
supply. 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 personal
property necessary to carry out the commission's responsibilities
under 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 staff
necessary to carry out this article. However, the restrictions and
limitations on the operators and workers set forth in IC 4-32.2-5-10
apply to staff employed under this article. The employees hired by
the commission under this article may be the same as the
commission'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.
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 administer
allowable events conducted under this article.
(b) The commission may by resolution assign to the executive
director any duty imposed upon the commission by this article.
(c) The executive director shall perform the duties assigned to the
executive director by the commission. The executive director may
exercise any power conferred upon the commission by this article
that is consistent with the duties assigned to the executive director
under 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 a
proceeding 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 of
books, 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 for
the following purposes:
(1) Administering this article.
(2) Establishing the conditions under which charity gaming in
Indiana may be conducted, including the manner in which a
qualified organization may supervise a euchre game conducted
under IC 4-32.2-5-14(b).
(3) Providing for the prevention of practices detrimental to the
public interest and providing for the best interests of charity
gaming.
(4) Establishing rules concerning inspection of qualified
organizations and the review of the licenses necessary to
conduct charity gaming.
(5) Imposing penalties for noncriminal violations of this article.
(6) Establishing standards for independent audits conducted
under IC 4-32.2-5-5.
(b) The commission may adopt emergency rules under
IC 4-22-2-37.1 if the commission determines that:
(1) the need for a rule is so immediate and substantial that
rulemaking procedures under IC 4-22-2-13 through
IC 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 license
entities under this article to sell, distribute, or manufacture a licensed
supply.
(b) The commission may not limit the number of qualified entities
licensed under subsection (a).
(c) The commission may deny a license to an applicant for a
license to sell, manufacture, or distribute licensed supplies if the
commission determines that at least one (1) of the following applies
with respect to the applicant:
(1) The applicant has:
(A) violated a local ordinance, a state or federal statute, or
an administrative rule or regulation and the violation would
cause the commission to determine that the applicant, a key
person, or a substantial owner of the applicant is not of good
moral character or reputation; or
(B) committed any other act that would negatively impact
the integrity of charity gaming in Indiana.
(2) The applicant has engaged in fraud, deceit, or
misrepresentation.
(3) The applicant has failed to provide information required by
this 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 the
following:
(1) An applicant for a license to conduct an allowable event.
(2) An applicant seeking a license to distribute a licensed
supply.
(3) An applicant seeking a license to manufacture a licensed
supply. 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 personal
property necessary to carry out the commission's responsibilities
under 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 staff
necessary to carry out this article. However, the restrictions and
limitations on the operators and workers set forth in IC 4-32.2-5-10
apply to staff employed under this article. The employees hired by
the commission under this article may be the same as the
commission'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.
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 administer
allowable events conducted under this article.
(b) The commission may by resolution assign to the executive
director any duty imposed upon the commission by this article.
(c) The executive director shall perform the duties assigned to the
executive director by the commission. The executive director may
exercise any power conferred upon the commission by this article
that is consistent with the duties assigned to the executive director
under 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 a
proceeding 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 of
books, 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 for
the following purposes:
(1) Administering this article.
(2) Establishing the conditions under which charity gaming in
Indiana may be conducted, including the manner in which a
qualified organization may supervise a euchre game conducted
under IC 4-32.2-5-14(b).
(3) Providing for the prevention of practices detrimental to the
public interest and providing for the best interests of charity
gaming.
(4) Establishing rules concerning inspection of qualified
organizations and the review of the licenses necessary to
conduct charity gaming.
(5) Imposing penalties for noncriminal violations of this article.
(6) Establishing standards for independent audits conducted
under IC 4-32.2-5-5.
(b) The commission may adopt emergency rules under
IC 4-22-2-37.1 if the commission determines that:
(1) the need for a rule is so immediate and substantial that
rulemaking procedures under IC 4-22-2-13 through
IC 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 license
entities under this article to sell, distribute, or manufacture a licensed
supply.
(b) The commission may not limit the number of qualified entities
licensed under subsection (a).
(c) The commission may deny a license to an applicant for a
license to sell, manufacture, or distribute licensed supplies if the
commission determines that at least one (1) of the following applies
with respect to the applicant:
(1) The applicant has:
(A) violated a local ordinance, a state or federal statute, or
an administrative rule or regulation and the violation would
cause the commission to determine that the applicant, a key
person, or a substantial owner of the applicant is not of good
moral character or reputation; or
(B) committed any other act that would negatively impact
the integrity of charity gaming in Indiana.
(2) The applicant has engaged in fraud, deceit, or
misrepresentation.
(3) The applicant has failed to provide information required by
this 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 the
following:
(1) An applicant for a license to conduct an allowable event.
(2) An applicant seeking a license to distribute a licensed
supply.
(3) An applicant seeking a license to manufacture a licensed
supply. 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 personal
property necessary to carry out the commission's responsibilities
under 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 staff
necessary to carry out this article. However, the restrictions and
limitations on the operators and workers set forth in IC 4-32.2-5-10
apply to staff employed under this article. The employees hired by
the commission under this article may be the same as the
commission'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.