IC 7.1-2-7
Chapter 7. Prevention of Discrimination Against Indiana Products
IC 7.1-2-7-1 Power of commission
Sec. 1. Power of Commission. The commission shall have the
duty to make and enter orders with respect to alcoholic beverages
manufactured, processed, or transported from, outside this state and
imported into this state as will most effectively produce the
discontinuance of discrimination by another state, territory, district,
political subdivision, municipality, or person against alcoholic
beverages produced in Indiana. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-2 Investigations
Sec. 2. Investigations. The commission, from time to time, either
on its own initiative or on complaint of a resident of this state, shall
make, or cause to be made, investigations of the laws, rules,
regulations, ordinances and practices of the several states, territories,
districts, political subdivisions and municipalities of the United
States outside the State of Indiana, relating to alcoholic beverages
manufactured or processed in or exported from, this state. The
purpose of these investigations shall be to determine whether these
laws, rules, regulations, ordinances and practices unfairly or
unreasonably discriminate against alcoholic beverages manufactured
or processed in or exported from this state, or in favor of a person
outside this state. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-3 Entrance of orders
Sec. 3. Entrance of Orders. If, upon investigation, the commission
finds that discrimination does exist, it shall make and enter one (1)
of the following orders: (a) prohibiting the importation,
transportation, purchase, receipt, sale, delivery, distribution, or
possession into or within this state, of alcoholic beverages, or one (1)
or more classes of them, manufactured or processed in or by, or
exported from, the place or person outside this state, as in its opinion
will produce most effectively the discontinuance of the
discrimination; or,
(b) providing for a levy, assessment, collection and imposition of
additional taxes, licenses, fees and restrictions upon or in connection
with the privilege of importing, transporting, purchasing, receiving,
selling, delivering, distributing or possessing, into or within this
state, of alcoholic beverages, or one (1) or more classes of them,
which are manufactured or processed in or by, or imported,
transported or received from, a place or person outside this state, as
in its opinion will produce most effectively the discontinuance of the
discrimination.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-4 Scope of orders
Sec. 4. Scope of Orders. The commission, in making an order
under IC 1971, 7.1-2-7-3, shall not be limited to the products of the
particular state, territory, district, political subdivision, municipality
or person in which or in whose favor the discrimination is found to
exist. The commission may include in its order the alcoholic
beverages, or a class of them, manufactured or processed in or by, or
imported, transported, or received from any other place or person
outside this state, as in its opinion will produce most effectively the
discontinuance of the discrimination. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-5 Hearing of aggrieved party
Sec. 5. Hearing of Aggrieved Party. A resident of this state who
is aggrieved by an order of the commission entered under this
chapter, may file, within thirty (30) days after the entrance of the
order, his written complaint with the commission asking that the
order be vacated or modified on the ground that it is unreasonable,
insufficient, or unlawful. The petitioner shall set out in his complaint
the facts and reasons on which his claim is based. The complaint
shall be set for hearing before the commission not less than thirty
(30), nor more than sixty (60), days after it is filed. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-6 When order becomes final
Sec. 6. When Order Becomes Final. An order of the commission
entered under this chapter shall become final and shall not thereafter
be open to attack for any purpose if a complaint is not filed pursuant
to IC 1971, 7.1-2-7-5, within thirty (30) days after the entrance of the
order. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-7 Conduct of hearing; appearance by corporation
Sec. 7. (a) The commission shall have the power to make and
establish rules for the admission of evidence and the conduct of the
hearing, as in its opinion will serve best the purpose of the hearing.
The attorney general of the state shall appear at the hearing and
represent the commission in the defense of its order.
(b) A corporation that is a party in any proceeding before the
commission may elect to appear either by counsel or by the personal
appearance of any of its corporate officers. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.78-1986,
SEC.2. IC 7.1-2-7-8 Findings
Sec. 8. Findings. The commission, at the conclusion of the hearing
and within ten (10) days after it, shall make and enter its findings and
decision vacating, modifying, or affirming its order. These findings
and decision shall be final and conclusive as to all matters contained
in them. The order of the commission shall be and remain in full
force unless the commission, for good reason and by appropriate
entry, rescinds it, or suspends its effective date. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-9 Reciprocity agreements
Sec. 9. Reciprocity Agreements. The commission may enter into
a reciprocity agreement with another state, territory, district, political
subdivision, or municipality outside this state, regarding the
importation, exportation, transportation, sale, purchase, receipt,
delivery, distribution or possession of alcoholic beverages. The
reciprocity agreement may be made for the purpose of promoting the
economic welfare of the citizens of, and of industry and labor in, this
state, and for the purpose of preventing or discouraging
discrimination against alcoholic beverages manufactured or
processed in, or exported from, this state. The agreement may
provide also for the remission of any additional taxes or fees levied
pursuant to an order made and entered under the authority of this
chapter. However, the commission shall not have the authority to
enter into an agreement which will in any manner violate, change or
modify a law of this state. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7
Chapter 7. Prevention of Discrimination Against Indiana Products
IC 7.1-2-7-1 Power of commission
Sec. 1. Power of Commission. The commission shall have the
duty to make and enter orders with respect to alcoholic beverages
manufactured, processed, or transported from, outside this state and
imported into this state as will most effectively produce the
discontinuance of discrimination by another state, territory, district,
political subdivision, municipality, or person against alcoholic
beverages produced in Indiana. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-2 Investigations
Sec. 2. Investigations. The commission, from time to time, either
on its own initiative or on complaint of a resident of this state, shall
make, or cause to be made, investigations of the laws, rules,
regulations, ordinances and practices of the several states, territories,
districts, political subdivisions and municipalities of the United
States outside the State of Indiana, relating to alcoholic beverages
manufactured or processed in or exported from, this state. The
purpose of these investigations shall be to determine whether these
laws, rules, regulations, ordinances and practices unfairly or
unreasonably discriminate against alcoholic beverages manufactured
or processed in or exported from this state, or in favor of a person
outside this state. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-3 Entrance of orders
Sec. 3. Entrance of Orders. If, upon investigation, the commission
finds that discrimination does exist, it shall make and enter one (1)
of the following orders: (a) prohibiting the importation,
transportation, purchase, receipt, sale, delivery, distribution, or
possession into or within this state, of alcoholic beverages, or one (1)
or more classes of them, manufactured or processed in or by, or
exported from, the place or person outside this state, as in its opinion
will produce most effectively the discontinuance of the
discrimination; or,
(b) providing for a levy, assessment, collection and imposition of
additional taxes, licenses, fees and restrictions upon or in connection
with the privilege of importing, transporting, purchasing, receiving,
selling, delivering, distributing or possessing, into or within this
state, of alcoholic beverages, or one (1) or more classes of them,
which are manufactured or processed in or by, or imported,
transported or received from, a place or person outside this state, as
in its opinion will produce most effectively the discontinuance of the
discrimination.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-4 Scope of orders
Sec. 4. Scope of Orders. The commission, in making an order
under IC 1971, 7.1-2-7-3, shall not be limited to the products of the
particular state, territory, district, political subdivision, municipality
or person in which or in whose favor the discrimination is found to
exist. The commission may include in its order the alcoholic
beverages, or a class of them, manufactured or processed in or by, or
imported, transported, or received from any other place or person
outside this state, as in its opinion will produce most effectively the
discontinuance of the discrimination. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-5 Hearing of aggrieved party
Sec. 5. Hearing of Aggrieved Party. A resident of this state who
is aggrieved by an order of the commission entered under this
chapter, may file, within thirty (30) days after the entrance of the
order, his written complaint with the commission asking that the
order be vacated or modified on the ground that it is unreasonable,
insufficient, or unlawful. The petitioner shall set out in his complaint
the facts and reasons on which his claim is based. The complaint
shall be set for hearing before the commission not less than thirty
(30), nor more than sixty (60), days after it is filed. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-6 When order becomes final
Sec. 6. When Order Becomes Final. An order of the commission
entered under this chapter shall become final and shall not thereafter
be open to attack for any purpose if a complaint is not filed pursuant
to IC 1971, 7.1-2-7-5, within thirty (30) days after the entrance of the
order. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-7 Conduct of hearing; appearance by corporation
Sec. 7. (a) The commission shall have the power to make and
establish rules for the admission of evidence and the conduct of the
hearing, as in its opinion will serve best the purpose of the hearing.
The attorney general of the state shall appear at the hearing and
represent the commission in the defense of its order.
(b) A corporation that is a party in any proceeding before the
commission may elect to appear either by counsel or by the personal
appearance of any of its corporate officers. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.78-1986,
SEC.2. IC 7.1-2-7-8 Findings
Sec. 8. Findings. The commission, at the conclusion of the hearing
and within ten (10) days after it, shall make and enter its findings and
decision vacating, modifying, or affirming its order. These findings
and decision shall be final and conclusive as to all matters contained
in them. The order of the commission shall be and remain in full
force unless the commission, for good reason and by appropriate
entry, rescinds it, or suspends its effective date. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-9 Reciprocity agreements
Sec. 9. Reciprocity Agreements. The commission may enter into
a reciprocity agreement with another state, territory, district, political
subdivision, or municipality outside this state, regarding the
importation, exportation, transportation, sale, purchase, receipt,
delivery, distribution or possession of alcoholic beverages. The
reciprocity agreement may be made for the purpose of promoting the
economic welfare of the citizens of, and of industry and labor in, this
state, and for the purpose of preventing or discouraging
discrimination against alcoholic beverages manufactured or
processed in, or exported from, this state. The agreement may
provide also for the remission of any additional taxes or fees levied
pursuant to an order made and entered under the authority of this
chapter. However, the commission shall not have the authority to
enter into an agreement which will in any manner violate, change or
modify a law of this state. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7
Chapter 7. Prevention of Discrimination Against Indiana Products
IC 7.1-2-7-1 Power of commission
Sec. 1. Power of Commission. The commission shall have the
duty to make and enter orders with respect to alcoholic beverages
manufactured, processed, or transported from, outside this state and
imported into this state as will most effectively produce the
discontinuance of discrimination by another state, territory, district,
political subdivision, municipality, or person against alcoholic
beverages produced in Indiana. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-2 Investigations
Sec. 2. Investigations. The commission, from time to time, either
on its own initiative or on complaint of a resident of this state, shall
make, or cause to be made, investigations of the laws, rules,
regulations, ordinances and practices of the several states, territories,
districts, political subdivisions and municipalities of the United
States outside the State of Indiana, relating to alcoholic beverages
manufactured or processed in or exported from, this state. The
purpose of these investigations shall be to determine whether these
laws, rules, regulations, ordinances and practices unfairly or
unreasonably discriminate against alcoholic beverages manufactured
or processed in or exported from this state, or in favor of a person
outside this state. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-3 Entrance of orders
Sec. 3. Entrance of Orders. If, upon investigation, the commission
finds that discrimination does exist, it shall make and enter one (1)
of the following orders: (a) prohibiting the importation,
transportation, purchase, receipt, sale, delivery, distribution, or
possession into or within this state, of alcoholic beverages, or one (1)
or more classes of them, manufactured or processed in or by, or
exported from, the place or person outside this state, as in its opinion
will produce most effectively the discontinuance of the
discrimination; or,
(b) providing for a levy, assessment, collection and imposition of
additional taxes, licenses, fees and restrictions upon or in connection
with the privilege of importing, transporting, purchasing, receiving,
selling, delivering, distributing or possessing, into or within this
state, of alcoholic beverages, or one (1) or more classes of them,
which are manufactured or processed in or by, or imported,
transported or received from, a place or person outside this state, as
in its opinion will produce most effectively the discontinuance of the
discrimination.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-4 Scope of orders
Sec. 4. Scope of Orders. The commission, in making an order
under IC 1971, 7.1-2-7-3, shall not be limited to the products of the
particular state, territory, district, political subdivision, municipality
or person in which or in whose favor the discrimination is found to
exist. The commission may include in its order the alcoholic
beverages, or a class of them, manufactured or processed in or by, or
imported, transported, or received from any other place or person
outside this state, as in its opinion will produce most effectively the
discontinuance of the discrimination. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-5 Hearing of aggrieved party
Sec. 5. Hearing of Aggrieved Party. A resident of this state who
is aggrieved by an order of the commission entered under this
chapter, may file, within thirty (30) days after the entrance of the
order, his written complaint with the commission asking that the
order be vacated or modified on the ground that it is unreasonable,
insufficient, or unlawful. The petitioner shall set out in his complaint
the facts and reasons on which his claim is based. The complaint
shall be set for hearing before the commission not less than thirty
(30), nor more than sixty (60), days after it is filed. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-6 When order becomes final
Sec. 6. When Order Becomes Final. An order of the commission
entered under this chapter shall become final and shall not thereafter
be open to attack for any purpose if a complaint is not filed pursuant
to IC 1971, 7.1-2-7-5, within thirty (30) days after the entrance of the
order. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-7 Conduct of hearing; appearance by corporation
Sec. 7. (a) The commission shall have the power to make and
establish rules for the admission of evidence and the conduct of the
hearing, as in its opinion will serve best the purpose of the hearing.
The attorney general of the state shall appear at the hearing and
represent the commission in the defense of its order.
(b) A corporation that is a party in any proceeding before the
commission may elect to appear either by counsel or by the personal
appearance of any of its corporate officers. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.78-1986,
SEC.2. IC 7.1-2-7-8 Findings
Sec. 8. Findings. The commission, at the conclusion of the hearing
and within ten (10) days after it, shall make and enter its findings and
decision vacating, modifying, or affirming its order. These findings
and decision shall be final and conclusive as to all matters contained
in them. The order of the commission shall be and remain in full
force unless the commission, for good reason and by appropriate
entry, rescinds it, or suspends its effective date. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-7-9 Reciprocity agreements
Sec. 9. Reciprocity Agreements. The commission may enter into
a reciprocity agreement with another state, territory, district, political
subdivision, or municipality outside this state, regarding the
importation, exportation, transportation, sale, purchase, receipt,
delivery, distribution or possession of alcoholic beverages. The
reciprocity agreement may be made for the purpose of promoting the
economic welfare of the citizens of, and of industry and labor in, this
state, and for the purpose of preventing or discouraging
discrimination against alcoholic beverages manufactured or
processed in, or exported from, this state. The agreement may
provide also for the remission of any additional taxes or fees levied
pursuant to an order made and entered under the authority of this
chapter. However, the commission shall not have the authority to
enter into an agreement which will in any manner violate, change or
modify a law of this state. (Formerly: Acts 1973, P.L.55, SEC.1.)
