68 Ind. Admin. Code 9-5-3

Current through September 4, 2024

Section 68 IAC 9-5-3 - Consequences of violation of rule by a member, employee, or agent

Authority: IC 4-33-3-8; IC 4-33-4

Affected: IC 4-33-3-10; IC 4-33-3-11

Sec. 3.

(a) Violation of this article or the Indiana Code by a member:

(1) may result in the matter being referred to the governor for possible removal from the commission under IC 4-33-3-11; and

(2) shall result in the matter being referred to the governor by the executive director for removal from the commission under IC 4-33-3-11 if IC 4-33-3-10 is violated.

(b) Violation of this article or the Indiana Code by an employee, including a person who has an offer of employment with the commission, may result in disciplinary action, including termination or a fine, except if:

(1) the employee intentionally acquires a financial interest in:

(A) a casino licensee engaged in gambling operations in Indiana; or

(B) an applicant for a casino owner's license that will be engaged in gambling operations in Indiana; employment with the commission shall be terminated; or

(2) the employee or the employee's spouse, parent, or child, through no intentional action of the employee, acquires a financial interest in:

(A) a casino licensee engaged in gambling operations in Indiana; or

(B) an applicant for a casino owner's license that will be engaged in gambling operations in Indiana; the individual shall have up to thirty (30) days to divest or terminate the financial interest. Employment may be terminated if the interest has not been divested after thirty (30) days.

(c) Violation of this article by a former employee may result in disciplinary action, including a fine.

(d) Violation of this article by an agent may result in termination of the agent's employment.

(e) Violation of this article does not create a private cause of action in favor of any person.

(f) The commission may waive a violation of the terms of this rule if it determines that the conduct involved does not violate the purpose of this rule.

68 IAC 9-5-3

Indiana Gaming Commission; 68 IAC 9-5-3; filed 10/21/2016, 10:19 a.m.: 20161116-IR-068160052FRA