Indiana Code 28-8-4-20. License required; application; felonies; evidence of compliance; criminal background checks; tax warrant list
Sec. 20. (a) A person may not engage in the business of money transmission:
Terms Used In Indiana Code 28-8-4-20
- department: means the members of the department of financial institutions. See Indiana Code 28-8-4-6
- director: has the meaning set forth in IC 28-11-2-1. See Indiana Code 28-8-4-7
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- individual: means a natural person. See Indiana Code 28-8-4-8.5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- money transmission: means an activity that:
Indiana Code 28-8-4-13
- person: means an individual or an organization. See Indiana Code 28-8-4-17
- state: means Indiana. See Indiana Code 28-8-4-19
(2) with a consumer who is a resident of Indiana and who enters into the transaction in Indiana;
without a license required by this chapter.
(b) An application for a license must be:
(1) submitted on a form prescribed by the director and must include the information required by the director; and
(2) accompanied by a nonrefundable application fee as fixed by the department under IC 28-11-3-5.
(c) An application submitted under this section must indicate whether any individuals described in section 35(b)(2) or 35(b)(3) of this chapter have been convicted of a felony under the laws of Indiana or any other jurisdiction.
(d) The director may request evidence of compliance with this section at:
(1) the time of application;
(2) the time of renewal of a license; or
(3) any other time considered necessary by the director.
(e) For purposes of subsection (d), evidence of compliance may include:
(1) criminal background checks, including a national criminal history background check (as defined in IC 10-13-3-12) by the Federal Bureau of Investigation for an individual described in section 35(b)(2) or 35(b)(3) of this chapter;
(2) credit histories; and
(3) other background checks considered necessary by the director.
If the director requests a national criminal history background check under subdivision (1) for an individual described in that subdivision, the director shall require the individual to submit fingerprints to the department or to the state police department, as appropriate, at the time evidence of compliance is requested under subsection (d). The individual to whom the request is made shall pay any fees or costs associated with the fingerprints and the national criminal history background check. The national criminal history background check may be used by the director to determine the individual’s compliance with this section. The director or the department may not release the results of the national criminal history background check to any private entity.
(f) If the department of state revenue notifies the department that a person is on the most recent tax warrant list, the department shall not issue or renew the person’s license until:
(1) the person provides to the department a statement from the department of state revenue that the person’s tax warrant has been satisfied; or
(2) the department receives a notice from the commissioner of the department of state revenue under IC 6-8.1-8-2(k).
As added by P.L.42-1993, SEC.85. Amended by P.L.63-2001, SEC.20 and P.L.134-2001, SEC.22; P.L.10-2006, SEC.55 and P.L.57-2006, SEC.55; P.L.90-2008, SEC.56; P.L.35-2010, SEC.180; P.L.172-2011, SEC.134; P.L.216-2013, SEC.46.