Section 68 IAC 1-2-2 - SeverabilityAuthority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3
Affected: IC 4-33
Sec. 2.
(a) If any provision of any rule promulgated by the commission, as now or later amended, or application of any such rule to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.(b) Except in the case of a rule containing a nonseverability provision, each part and application of every rule is severable. If any provision or application of a rule is held invalid, the invalidity does not affect the remainder of the rule unless: (1) the remainder is so essentially and inseparably connected with, and so dependent upon, the invalid provision or application that it cannot be presumed that the remainder would have been promulgated without the invalid provision or application; or(2) the remainder is incomplete and incapable of being executed in accordance with the commission's intent without the invalid provision or application. This section applies to every rule promulgated by the commission, regardless of whether enacted before or after the effective date of this section.
Indiana Gaming Commission; 68 IAC 1-2-2; filed Jun 23, 1995, 2:30 p.m.: 18 IR 2646; 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