IC 4-35-6.5-1 Occupations requiring license
Sec. 1. The commission shall determine the occupations related
to gambling games at racetracks that require a license under this
chapter. 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 to
an individual if:
(1) the individual has applied for the occupational license;
(2) a nonrefundable application fee set by the commission has
been paid on behalf of the applicant in accordance with
subsection (b);
(3) the commission has determined that the applicant is eligible
for an occupational license; and
(4) an initial license fee in an amount established by the
commission has been paid on behalf of the applicant in
accordance with subsection (b).
(b) A permit holder that is an applicant for a license under this
article or that is issued a license under this article or a holder of a
supplier's license under this article shall pay the application fee of an
individual applying for an occupational license to work:
(1) in an occupation related to gambling games at the permit
holder'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 or
that is issued a license under this article or a holder of a supplier's
license under this article shall pay the initial occupational license fee
or license renewal fee on behalf of an employee or potential
employee. A permit holder that is an applicant for a license under
this article or that is issued a license under this article or a holder of
a supplier's license under this article may seek reimbursement of the
application fee, initial license fee, or license renewal fee from an
employee 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 as
determined by the commission.
(d) Unless an occupational license is suspended, expires, or is
revoked, the occupational license may be renewed upon:
(1) the payment of a license renewal fee by the permit holder
that is issued a license under this article or the holder of a
supplier's license under this article on behalf of the licensee in
an 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 occupational
license at any time the commission determines it is necessary to
ensure that the licensee is in compliance with this article.
(f) A permit holder that is an applicant for a license under this
article or that is issued a license under this article or a holder of a
supplier's license under this article:
(1) shall pay the cost of an investigation or reinvestigation of a
holder of an occupational license who is employed by the
permit holder or holder of a supplier's license; and
(2) may seek reimbursement of the cost of an investigation or
reinvestigation from an employee who holds an occupational
license. 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, the
commission may not issue an occupational license to an individual
unless the individual:
(1) is at least eighteen (18) years of age;
(2) has not been convicted of a felony under Indiana law, the
laws of any other state, or the laws of the United States;
(3) has demonstrated a level of skill or knowledge that the
commission determines is necessary to operate gambling games
at racetracks; and
(4) has met standards adopted by the commission for the
holding 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 4-22-2
providing the following:
(1) That an individual applying for an occupational license to
manage gambling games at racetracks under this article is
subject to background inquiries and requirements similar to
those required for an applicant for a license under IC 4-33-6.
(2) That each individual applying for an occupational license
may 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 the
following 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 under
any other name. The applicant must provide under this
subdivision the name under which the applicant was licensed in
the other state.
(3) The applicant's age.
(4) If a permit or license issued to the applicant in another state
has been suspended, restricted, or revoked. The applicant must
describe the date and length of a suspension, restriction, or
revocation 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 with
the application two (2) sets of the applicant's fingerprints. The
applicant must submit the fingerprints on forms provided by the
commission. The commission shall charge each applicant a fee set by
the state police department to defray the costs associated with the
search 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 occupational
license to an individual who:
(1) is unqualified to perform the duties required of the
applicant;
(2) does not disclose or states falsely any information required
by the application;
(3) has been found guilty of a violation of this article;
(4) has had a gambling related license or an application for a
gambling related license suspended, restricted, revoked, or
denied for just cause in another state; or
(5) for just cause is considered by the commission to be unfit to
hold 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 an
occupational license for the following reasons:
(1) A violation of this article.
(2) A cause that, if known to the commission, would have
disqualified the applicant from receiving the occupational
license.
(3) A default in the payment of an obligation or a debt due to
the 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 is
issued a license from entering into an agreement with a school
approved by the commission for the training of an occupational
licensee.
(b) Training offered by a school described in subsection (a) must
be:
(1) in accordance with a written agreement between the licensee
and 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 be
conducted:
(1) at a racetrack; or
(2) at a school with which a licensee has entered into an
agreement 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 the
commission for a waiver of the requirements of section 3(2) of this
chapter.
(b) The commission may waive the requirements of section 3(2)
of this chapter with respect to an individual applying for an
occupational license if:
(1) the individual qualifies for a waiver under subsection (e) or
(f); and
(2) the commission determines that the individual has
demonstrated by clear and convincing evidence the individual's
rehabilitation.
(c) In determining whether the individual applying for the
occupational license has demonstrated rehabilitation under
subsection (b), the commission shall consider the following factors:
(1) The nature and duties of the position applied for by the
individual.
(2) The nature and seriousness of the offense or conduct.
(3) The circumstances under which the offense or conduct
occurred.
(4) The date of the offense or conduct.
(5) The age of the individual when the offense or conduct was
committed.
(6) Whether the offense or conduct was an isolated or a
repeated incident.
(7) A social condition that may have contributed to the offense
or conduct.
(8) Evidence of rehabilitation, including good conduct in prison
or in the community, counseling or psychiatric treatment
received, acquisition of additional academic or vocational
education, successful participation in a correctional work
release program, or the recommendation of a person who has or
has 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 and
circumstances of the individual's criminal record; and
(B) after having considered the facts and circumstances, the
prospective employer will hire the individual if the
commission grants a waiver of the requirements of section
3(2) of this chapter.
(d) The commission may not waive the requirements of section
3(2) of this chapter for an individual who has been convicted of
committing any of the following:
(1) A felony in violation of federal law (as classified in 18
U.S.C. 3559).
(2) A felony of fraud, deceit, or misrepresentation under the
laws of Indiana or any other jurisdiction.
(3) A felony of conspiracy to commit a felony described in
subdivision (1), (2), or (4) under the laws of Indiana or any
other jurisdiction.
(4) A felony of gambling under IC 35-45-5 or IC 35-45-6 or a
crime in any other jurisdiction in which the elements of the
crime for which the conviction was entered are substantially
similar to the elements of a crime described in IC 35-45-5 or
IC 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 human
being 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 elements
of the crime for which the conviction was entered are
substantially similar to the elements of a felony described in
clause (A) or (B); and
(2) ten (10) years have elapsed from the date the individual was
discharged from probation, imprisonment, or parole, whichever
is 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 other
jurisdiction of committing a felony not described in subsection
(d) or (e); and
(2) five (5) years have elapsed from the date the individual was
discharged from probation, imprisonment, or parole, whichever
is later, for the conviction described in subdivision (1).
(g) To enable a prospective employer to determine, for purposes
of subsection (c)(10), whether the prospective employer has been
advised of all of the facts and circumstances of the individual's
criminal record, the commission shall notify the prospective
employer 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 waive
the requirements of section 3(2) of this chapter if the individual fails
to disclose to both the commission and the prospective employer all
information 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 child
support; immunity from liability
Sec. 12. (a) A permit holder or trustee that fails to comply with
IC 4-35-4-16 is subject to sanctions established by the commission
under section 13 of this chapter.
(b) A permit holder or trustee that makes a payment of cash
winnings to an obligor in violation of IC 4-35-4-16 is not liable to a
person to whom the obligor owes child support.
(c) A permit holder or trustee is immune from civil and criminal
liability 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 child
support
Sec. 13. (a) A permit holder or trustee that personally or through
the act or omission of an employee, independent contractor, agent,
or representative fails to withhold delinquent child support from the
cash winnings of an obligor as required under IC 4-35-4-16 is subject
to penalties and sanctions established by the commission under this
section.
(b) The commission may adopt rules under IC 4-22-2 to establish
penalties and sanctions for any permit holder or trustee who fails to
withhold delinquent child support from cash winnings. As added by P.L.80-2010, SEC.8.
IC 4-35-6.5-1 Occupations requiring license
Sec. 1. The commission shall determine the occupations related
to gambling games at racetracks that require a license under this
chapter. 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 to
an individual if:
(1) the individual has applied for the occupational license;
(2) a nonrefundable application fee set by the commission has
been paid on behalf of the applicant in accordance with
subsection (b);
(3) the commission has determined that the applicant is eligible
for an occupational license; and
(4) an initial license fee in an amount established by the
commission has been paid on behalf of the applicant in
accordance with subsection (b).
(b) A permit holder that is an applicant for a license under this
article or that is issued a license under this article or a holder of a
supplier's license under this article shall pay the application fee of an
individual applying for an occupational license to work:
(1) in an occupation related to gambling games at the permit
holder'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 or
that is issued a license under this article or a holder of a supplier's
license under this article shall pay the initial occupational license fee
or license renewal fee on behalf of an employee or potential
employee. A permit holder that is an applicant for a license under
this article or that is issued a license under this article or a holder of
a supplier's license under this article may seek reimbursement of the
application fee, initial license fee, or license renewal fee from an
employee 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 as
determined by the commission.
(d) Unless an occupational license is suspended, expires, or is
revoked, the occupational license may be renewed upon:
(1) the payment of a license renewal fee by the permit holder
that is issued a license under this article or the holder of a
supplier's license under this article on behalf of the licensee in
an 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 occupational
license at any time the commission determines it is necessary to
ensure that the licensee is in compliance with this article.
(f) A permit holder that is an applicant for a license under this
article or that is issued a license under this article or a holder of a
supplier's license under this article:
(1) shall pay the cost of an investigation or reinvestigation of a
holder of an occupational license who is employed by the
permit holder or holder of a supplier's license; and
(2) may seek reimbursement of the cost of an investigation or
reinvestigation from an employee who holds an occupational
license. 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, the
commission may not issue an occupational license to an individual
unless the individual:
(1) is at least eighteen (18) years of age;
(2) has not been convicted of a felony under Indiana law, the
laws of any other state, or the laws of the United States;
(3) has demonstrated a level of skill or knowledge that the
commission determines is necessary to operate gambling games
at racetracks; and
(4) has met standards adopted by the commission for the
holding 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 4-22-2
providing the following:
(1) That an individual applying for an occupational license to
manage gambling games at racetracks under this article is
subject to background inquiries and requirements similar to
those required for an applicant for a license under IC 4-33-6.
(2) That each individual applying for an occupational license
may 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 the
following 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 under
any other name. The applicant must provide under this
subdivision the name under which the applicant was licensed in
the other state.
(3) The applicant's age.
(4) If a permit or license issued to the applicant in another state
has been suspended, restricted, or revoked. The applicant must
describe the date and length of a suspension, restriction, or
revocation 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 with
the application two (2) sets of the applicant's fingerprints. The
applicant must submit the fingerprints on forms provided by the
commission. The commission shall charge each applicant a fee set by
the state police department to defray the costs associated with the
search 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 occupational
license to an individual who:
(1) is unqualified to perform the duties required of the
applicant;
(2) does not disclose or states falsely any information required
by the application;
(3) has been found guilty of a violation of this article;
(4) has had a gambling related license or an application for a
gambling related license suspended, restricted, revoked, or
denied for just cause in another state; or
(5) for just cause is considered by the commission to be unfit to
hold 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 an
occupational license for the following reasons:
(1) A violation of this article.
(2) A cause that, if known to the commission, would have
disqualified the applicant from receiving the occupational
license.
(3) A default in the payment of an obligation or a debt due to
the 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 is
issued a license from entering into an agreement with a school
approved by the commission for the training of an occupational
licensee.
(b) Training offered by a school described in subsection (a) must
be:
(1) in accordance with a written agreement between the licensee
and 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 be
conducted:
(1) at a racetrack; or
(2) at a school with which a licensee has entered into an
agreement 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 the
commission for a waiver of the requirements of section 3(2) of this
chapter.
(b) The commission may waive the requirements of section 3(2)
of this chapter with respect to an individual applying for an
occupational license if:
(1) the individual qualifies for a waiver under subsection (e) or
(f); and
(2) the commission determines that the individual has
demonstrated by clear and convincing evidence the individual's
rehabilitation.
(c) In determining whether the individual applying for the
occupational license has demonstrated rehabilitation under
subsection (b), the commission shall consider the following factors:
(1) The nature and duties of the position applied for by the
individual.
(2) The nature and seriousness of the offense or conduct.
(3) The circumstances under which the offense or conduct
occurred.
(4) The date of the offense or conduct.
(5) The age of the individual when the offense or conduct was
committed.
(6) Whether the offense or conduct was an isolated or a
repeated incident.
(7) A social condition that may have contributed to the offense
or conduct.
(8) Evidence of rehabilitation, including good conduct in prison
or in the community, counseling or psychiatric treatment
received, acquisition of additional academic or vocational
education, successful participation in a correctional work
release program, or the recommendation of a person who has or
has 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 and
circumstances of the individual's criminal record; and
(B) after having considered the facts and circumstances, the
prospective employer will hire the individual if the
commission grants a waiver of the requirements of section
3(2) of this chapter.
(d) The commission may not waive the requirements of section
3(2) of this chapter for an individual who has been convicted of
committing any of the following:
(1) A felony in violation of federal law (as classified in 18
U.S.C. 3559).
(2) A felony of fraud, deceit, or misrepresentation under the
laws of Indiana or any other jurisdiction.
(3) A felony of conspiracy to commit a felony described in
subdivision (1), (2), or (4) under the laws of Indiana or any
other jurisdiction.
(4) A felony of gambling under IC 35-45-5 or IC 35-45-6 or a
crime in any other jurisdiction in which the elements of the
crime for which the conviction was entered are substantially
similar to the elements of a crime described in IC 35-45-5 or
IC 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 human
being 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 elements
of the crime for which the conviction was entered are
substantially similar to the elements of a felony described in
clause (A) or (B); and
(2) ten (10) years have elapsed from the date the individual was
discharged from probation, imprisonment, or parole, whichever
is 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 other
jurisdiction of committing a felony not described in subsection
(d) or (e); and
(2) five (5) years have elapsed from the date the individual was
discharged from probation, imprisonment, or parole, whichever
is later, for the conviction described in subdivision (1).
(g) To enable a prospective employer to determine, for purposes
of subsection (c)(10), whether the prospective employer has been
advised of all of the facts and circumstances of the individual's
criminal record, the commission shall notify the prospective
employer 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 waive
the requirements of section 3(2) of this chapter if the individual fails
to disclose to both the commission and the prospective employer all
information 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 child
support; immunity from liability
Sec. 12. (a) A permit holder or trustee that fails to comply with
IC 4-35-4-16 is subject to sanctions established by the commission
under section 13 of this chapter.
(b) A permit holder or trustee that makes a payment of cash
winnings to an obligor in violation of IC 4-35-4-16 is not liable to a
person to whom the obligor owes child support.
(c) A permit holder or trustee is immune from civil and criminal
liability 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 child
support
Sec. 13. (a) A permit holder or trustee that personally or through
the act or omission of an employee, independent contractor, agent,
or representative fails to withhold delinquent child support from the
cash winnings of an obligor as required under IC 4-35-4-16 is subject
to penalties and sanctions established by the commission under this
section.
(b) The commission may adopt rules under IC 4-22-2 to establish
penalties and sanctions for any permit holder or trustee who fails to
withhold delinquent child support from cash winnings. As added by P.L.80-2010, SEC.8.
IC 4-35-6.5-1 Occupations requiring license
Sec. 1. The commission shall determine the occupations related
to gambling games at racetracks that require a license under this
chapter. 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 to
an individual if:
(1) the individual has applied for the occupational license;
(2) a nonrefundable application fee set by the commission has
been paid on behalf of the applicant in accordance with
subsection (b);
(3) the commission has determined that the applicant is eligible
for an occupational license; and
(4) an initial license fee in an amount established by the
commission has been paid on behalf of the applicant in
accordance with subsection (b).
(b) A permit holder that is an applicant for a license under this
article or that is issued a license under this article or a holder of a
supplier's license under this article shall pay the application fee of an
individual applying for an occupational license to work:
(1) in an occupation related to gambling games at the permit
holder'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 or
that is issued a license under this article or a holder of a supplier's
license under this article shall pay the initial occupational license fee
or license renewal fee on behalf of an employee or potential
employee. A permit holder that is an applicant for a license under
this article or that is issued a license under this article or a holder of
a supplier's license under this article may seek reimbursement of the
application fee, initial license fee, or license renewal fee from an
employee 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 as
determined by the commission.
(d) Unless an occupational license is suspended, expires, or is
revoked, the occupational license may be renewed upon:
(1) the payment of a license renewal fee by the permit holder
that is issued a license under this article or the holder of a
supplier's license under this article on behalf of the licensee in
an 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 occupational
license at any time the commission determines it is necessary to
ensure that the licensee is in compliance with this article.
(f) A permit holder that is an applicant for a license under this
article or that is issued a license under this article or a holder of a
supplier's license under this article:
(1) shall pay the cost of an investigation or reinvestigation of a
holder of an occupational license who is employed by the
permit holder or holder of a supplier's license; and
(2) may seek reimbursement of the cost of an investigation or
reinvestigation from an employee who holds an occupational
license. 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, the
commission may not issue an occupational license to an individual
unless the individual:
(1) is at least eighteen (18) years of age;
(2) has not been convicted of a felony under Indiana law, the
laws of any other state, or the laws of the United States;
(3) has demonstrated a level of skill or knowledge that the
commission determines is necessary to operate gambling games
at racetracks; and
(4) has met standards adopted by the commission for the
holding 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 4-22-2
providing the following:
(1) That an individual applying for an occupational license to
manage gambling games at racetracks under this article is
subject to background inquiries and requirements similar to
those required for an applicant for a license under IC 4-33-6.
(2) That each individual applying for an occupational license
may 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 the
following 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 under
any other name. The applicant must provide under this
subdivision the name under which the applicant was licensed in
the other state.
(3) The applicant's age.
(4) If a permit or license issued to the applicant in another state
has been suspended, restricted, or revoked. The applicant must
describe the date and length of a suspension, restriction, or
revocation 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 with
the application two (2) sets of the applicant's fingerprints. The
applicant must submit the fingerprints on forms provided by the
commission. The commission shall charge each applicant a fee set by
the state police department to defray the costs associated with the
search 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 occupational
license to an individual who:
(1) is unqualified to perform the duties required of the
applicant;
(2) does not disclose or states falsely any information required
by the application;
(3) has been found guilty of a violation of this article;
(4) has had a gambling related license or an application for a
gambling related license suspended, restricted, revoked, or
denied for just cause in another state; or
(5) for just cause is considered by the commission to be unfit to
hold 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 an
occupational license for the following reasons:
(1) A violation of this article.
(2) A cause that, if known to the commission, would have
disqualified the applicant from receiving the occupational
license.
(3) A default in the payment of an obligation or a debt due to
the 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 is
issued a license from entering into an agreement with a school
approved by the commission for the training of an occupational
licensee.
(b) Training offered by a school described in subsection (a) must
be:
(1) in accordance with a written agreement between the licensee
and 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 be
conducted:
(1) at a racetrack; or
(2) at a school with which a licensee has entered into an
agreement 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 the
commission for a waiver of the requirements of section 3(2) of this
chapter.
(b) The commission may waive the requirements of section 3(2)
of this chapter with respect to an individual applying for an
occupational license if:
(1) the individual qualifies for a waiver under subsection (e) or
(f); and
(2) the commission determines that the individual has
demonstrated by clear and convincing evidence the individual's
rehabilitation.
(c) In determining whether the individual applying for the
occupational license has demonstrated rehabilitation under
subsection (b), the commission shall consider the following factors:
(1) The nature and duties of the position applied for by the
individual.
(2) The nature and seriousness of the offense or conduct.
(3) The circumstances under which the offense or conduct
occurred.
(4) The date of the offense or conduct.
(5) The age of the individual when the offense or conduct was
committed.
(6) Whether the offense or conduct was an isolated or a
repeated incident.
(7) A social condition that may have contributed to the offense
or conduct.
(8) Evidence of rehabilitation, including good conduct in prison
or in the community, counseling or psychiatric treatment
received, acquisition of additional academic or vocational
education, successful participation in a correctional work
release program, or the recommendation of a person who has or
has 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 and
circumstances of the individual's criminal record; and
(B) after having considered the facts and circumstances, the
prospective employer will hire the individual if the
commission grants a waiver of the requirements of section
3(2) of this chapter.
(d) The commission may not waive the requirements of section
3(2) of this chapter for an individual who has been convicted of
committing any of the following:
(1) A felony in violation of federal law (as classified in 18
U.S.C. 3559).
(2) A felony of fraud, deceit, or misrepresentation under the
laws of Indiana or any other jurisdiction.
(3) A felony of conspiracy to commit a felony described in
subdivision (1), (2), or (4) under the laws of Indiana or any
other jurisdiction.
(4) A felony of gambling under IC 35-45-5 or IC 35-45-6 or a
crime in any other jurisdiction in which the elements of the
crime for which the conviction was entered are substantially
similar to the elements of a crime described in IC 35-45-5 or
IC 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 human
being 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 elements
of the crime for which the conviction was entered are
substantially similar to the elements of a felony described in
clause (A) or (B); and
(2) ten (10) years have elapsed from the date the individual was
discharged from probation, imprisonment, or parole, whichever
is 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 other
jurisdiction of committing a felony not described in subsection
(d) or (e); and
(2) five (5) years have elapsed from the date the individual was
discharged from probation, imprisonment, or parole, whichever
is later, for the conviction described in subdivision (1).
(g) To enable a prospective employer to determine, for purposes
of subsection (c)(10), whether the prospective employer has been
advised of all of the facts and circumstances of the individual's
criminal record, the commission shall notify the prospective
employer 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 waive
the requirements of section 3(2) of this chapter if the individual fails
to disclose to both the commission and the prospective employer all
information 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 child
support; immunity from liability
Sec. 12. (a) A permit holder or trustee that fails to comply with
IC 4-35-4-16 is subject to sanctions established by the commission
under section 13 of this chapter.
(b) A permit holder or trustee that makes a payment of cash
winnings to an obligor in violation of IC 4-35-4-16 is not liable to a
person to whom the obligor owes child support.
(c) A permit holder or trustee is immune from civil and criminal
liability 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 child
support
Sec. 13. (a) A permit holder or trustee that personally or through
the act or omission of an employee, independent contractor, agent,
or representative fails to withhold delinquent child support from the
cash winnings of an obligor as required under IC 4-35-4-16 is subject
to penalties and sanctions established by the commission under this
section.
(b) The commission may adopt rules under IC 4-22-2 to establish
penalties and sanctions for any permit holder or trustee who fails to
withhold delinquent child support from cash winnings. As added by P.L.80-2010, SEC.8.
