68 Ind. Admin. Code 13-1-21

Current through May 29, 2024

Section 68 IAC 13-1-21 - Actions available to the administrative law judge and the commission

Authority: IC 4-33-3-23; IC 4-33-4; IC 4-35-4

Affected: IC 4-21.5-3; IC 4-33; IC 4-35

Sec. 21.

(a) The commission may take any of the following actions in a proceeding to seize and forfeit a gaming device:

(1) Seize and forfeit any gaming device that does not comply with the Act, IC 4-35, or this title.

(2) Require the destruction or other appropriate disposal of any gaming device that does not comply with the Act, IC 4-35, or this title. Prior to the disposal of any gaming device, the commission must:

(A) take a photograph that demonstrates the nature of the gaming device; and

(B) record an adequate description of the gaming device.

(3) Impose any appropriate action set forth in subsection (b) on a person who possesses any gaming device that does not comply with the Act, IC 4-35, or this title.

(b) The commission may take any of the following actions in a disciplinary action against a licensee:

(1) Suspend, revoke, restrict, or place conditions on the license of a licensee.

(2) Require the removal of a licensee or the employee of a licensee.

(3) Impose a civil penalty of not more than the greater of:

(A) ten thousand dollars ($10,000); or

(B) an amount equal to the casino licensee's daily gross receipts for the day of the violation; against a casino licensee.

(4) Impose a civil penalty of not more than five thousand dollars ($5,000) against a supplier licensee for each violation of the Act, IC 4-35, or this title.

(5) Impose a civil penalty of not more than five thousand dollars ($5,000) against an occupational licensee for each violation of the Act, IC 4-35, or this title.

(6) Impose an additional penalty of not more than one hundred dollars ($100) for each day the original penalty goes unpaid.

(7) Any other action deemed necessary by the commission to ensure compliance with the Act, IC 4-35, or this title.

68 IAC 13-1-21

Indiana Gaming Commission; 68 IAC 13-1-21; filed Dec 11, 1995, 4:30 p.m.: 19 IR 1041; readopted filed Nov 25, 2002, 10:11 a.m.: 26 IR 1261; filed Dec 15, 2008, 11:29 a.m.: 20090114-IR-068080430FRA

Readopted filed 10/2/2015, 3:23 p.m.: 20151028-IR-068150249RFA

Readopted filed 9/30/2021, 2:07 p.m.: 20211027-IR-068210351RFA