Indiana Code 4-35-4-2. Rules; violations; fees and penalties; voluntary exclusion program
(1) Adopt rules under IC 4-22-2 that the commission determines are necessary to protect or enhance the following:
Terms Used In Indiana Code 4-35-4-2
- 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.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(B) The regulatory process provided in this article.
(2) Conduct all hearings concerning civil violations of this article.
(3) Provide for the establishment and collection of license fees imposed under this article, and deposit the license fees in the state general fund.
(4) Levy and collect penalties for noncriminal violations of this article and deposit the penalties in the state general fund.
(5) Approve the design, appearance, aesthetics, and construction of gambling game facilities authorized under this article.
(6) Adopt emergency rules under IC 4-22-2-37.1 if the commission determines that:
(A) 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
(B) an emergency rule is likely to address the need.
(7) Adopt rules to establish and implement a voluntary exclusion program that meets the requirements of subsection (c).
(8) Establish the requirements for a power of attorney submitted under IC 4-35-5-9.
(b) The commission shall begin rulemaking procedures under IC 4-22-2-13 through IC 4-22-2-36 to adopt an emergency rule adopted under subsection (a)(6) not later than thirty (30) days after the adoption of the emergency rule under subsection (a)(6).
(c) Rules adopted under subsection (a)(7) must provide the following:
(1) Except as provided by rule of the commission, a person who participates in the voluntary exclusion program agrees to refrain from entering a facility at which gambling games are conducted or another facility under the jurisdiction of the commission.
(2) That the name of a person participating in the program will be included on a list of persons excluded from all facilities under the jurisdiction of the commission.
(3) Except as provided by rule of the commission, a person who participates in the voluntary exclusion program may not petition the commission for readmittance to a facility under the jurisdiction of the commission.
(4) That the list of patrons entering the voluntary exclusion program and the personal information of the participants are confidential and may only be disseminated by the commission to the owner or operator of a facility under the jurisdiction of the commission for purposes of enforcement and to other entities, upon request by the participant and agreement by the commission.
(5) That an owner of a facility under the jurisdiction of the commission shall make all reasonable attempts as determined by the commission to cease all direct marketing efforts to a person participating in the program.
(6) That an owner of a facility under the jurisdiction of the commission may not cash the check of a person participating in the program or extend credit to the person in any manner. However, the voluntary exclusion program does not preclude an owner from seeking the payment of a debt accrued by a person before entering the program.
As added by P.L.233-2007, SEC.21. Amended by P.L.142-2009, SEC.18; P.L.255-2015, SEC.24.