Section 68 IAC 1-2-10 - Consideration of late applicationsAuthority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3
Affected: IC 4-33
Sec. 10.
(a) An application, including any request for action to be taken by the commission on an application, which is submitted for filing after a deadline established by the commission may be considered if any of the following occurs: (1) The executive director determines the following:(A) That both of the following conditions exist:(i) No other applicant or interested person would be unfairly prejudiced by the delayed submission of the application.(ii) The commission has not taken substantive action with respect to any application submitted prior to the deadline.(B) That at least one (1) of the following conditions is present:(i) The failure to file the application prior to the expiration of the deadline was caused by the action or inaction of a third party which relates to the method or timing of the delivery of the application to the commission.(ii) The circumstances surrounding the method or timing of the delivery of the application indicate that in the normal course of events the application should have been received by the commission prior to the expiration of the deadline.(iii) Prior to the expiration of the deadline, the applicant reasonably believed that delivery of the application would occur prior to expiration of the deadline.(2) The executive director determines that the failure to file the application prior to the expiration of the deadline was caused in whole or in part by incorrect or misleading information or instructions provided by an employee or agent of the commission and that the applicant acted reasonably in relying on such information or instructions taking into consideration the nature of the information or instructions and the identity of the individual providing the information or instructions.(3) The commission acts to establish a new deadline applicable to all persons to which the original deadline was applicable.(4) The commission determines that consideration of the application is necessary to prevent manifest injustice.(b) The commission must, at a meeting held under section 5 of this rule, approve acceptance of the late application or take the other action requested on the application.Indiana Gaming Commission; 68 IAC 1-2-10; filed Jun 23, 1995, 2:30 p.m.: 18 IR 2647; readopted filed Oct 15, 2001, 4:34 p.m.: 25 IR 898; readopted filed Sep 14, 2007, 1:40 p.m.: 20071003-IR-068070354RFA; readopted filed November 26, 2013, 3:58 p.m.: 20131225-IR-068130354RFAReadopted filed 9/4/2019, 10:57 a.m.: 20191002-IR-068190384RFA