71 Ind. Admin. Code 9-2.2-12

Current through October 23, 2024

Section 71 IAC 9-2.2-12 - Enforcement and penalties

Authority: IC 4-31-7.5-11

Affected: IC 4-31-7.5; IC 4-31-13

Sec. 12.

(a) Any violations of this rule may result in disciplinary action as outlined in IC 4-31-13 and this title.

(b) The commission or its designee may suspend or revoke a license issued to an SPMO, withdraw approval of a contract between a permit holder and a licensed SPMO, impose fines or impose civil penalties, or both, if the licensed SPMO:

(1) violates any of the requirements of IC 4-31-7.5 or this article;

(2) fails to provide a bond or irrevocable letter of credit as provided in section 5 of this rule;

(3) fails to make payments in a timely manner as required by the contract with the permit holder or this article, or both;

(4) fails to comply with any conditions on the license imposed by the commission;

(5) has demonstrated willful disregard for complying with ordinances, statutes, administrative rules, or court orders, whether at the local, state, or federal level. This includes, but is not limited to, failure to make required payments to other state regulatory agencies;

(6) poses a threat to the effective regulation of wagering or creates or increases the likelihood of unfair or illegal practices, methods, and activities in the conduct of wagering activities, as demonstrated through the prior activities, criminal record, reputation, habits, or associations;

(7) fails to provide at the office of the commission any information required under the commission's rules within the time required, or if no maximum time has been established respecting the particular kind of information by other rule, then within thirty (30) days after receiving a written request therefore from the commission or its staff;

(8) commits, or has committed, any other act that the executive director determines constitutes a sufficient reason in the public interest for denying, suspending, or revoking licenses or approval of agreements.

71 IAC 9-2.2-12

Indiana Horse Racing Commission; 71 IAC 9-2.2-12; emergency rule filed Aug 29, 2018, 11:12 a.m.: 20180905-IR-071180370ERA; emergency rule filed 12/5/2019, 1:56 p.m.: 20191211-IR-071190646ERA

Readopted filed 7/6/2023, 1:50 p.m.: 20230802-IR-071230371RFA

NOTE: Agency cited as 71 IAC 9-2.1-12, which was renumbered by the Publisher as 71 IAC 9-2.2-12.