Indiana § 28-8-5-12 Issuance and refusal of licenses; evidence of compliance; criminal
background checks

Indiana Statutes

§ 28-8-5-12 — Issuance and refusal of licenses; evidence of compliance; criminal background checks

Indiana § 28-8-5-12

Art. 8FINANCIAL SERVICES

Ch. 5Cashing Checks

This text of Indiana § 28-8-5-12 (Issuance and refusal of licenses; evidence of compliance; criminal background checks) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 28-8-5-12 (2026).

Text

(a)The department shall determine the financial responsibility, business experience, character, and general fitness of the applicant before issuing the license.

(b)The department may refuse to issue a license for any of the following reasons:

(1)Any of the following has been convicted of a felony under the laws of Indiana or any other jurisdiction:

(A)An executive officer, director, or manager of the applicant, or any other individual having a similar status or performing a similar function for the applicant.

(B)Any person directly or indirectly owning of record or owning beneficially at least ten percent (10%) of the outstanding shares of any class of equity security of the applicant.

(2)The application was submitted for the benefit of, or on behalf of, a person who does not qualify

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(a) The department shall determine the
financial responsibility, business experience, character, and general
fitness of the applicant before issuing the license.
(b) The department may refuse to issue a license for any of the
following reasons:
(1) Any of the following has been convicted of a felony under the
laws of Indiana or any other jurisdiction:
(A) An executive officer, director, or manager of the applicant,
or any other individual having a similar status or performing a
similar function for the applicant.
(B) Any person directly or indirectly owning of record or
owning beneficially at least ten percent (10%) of the
outstanding shares of any class of equity security of the
applicant.
(2) The application was submitted for the benefit of, or on behalf
of, a person who does not qualify for a license.
(c) The director of the department may request evidence of
compliance with this section by the licensee at:
(1) the time of application;
(2) the time of renewal of the licensee's license; or
(3) any other time considered necessary by the director.
(d) For purposes of subsection (c), evidence of compliance may
include:
(1) criminal background checks, including a national criminal
history background check (as defined in IC 10-13-3-12) by the
Federal Bureau of Investigation for any individual described in
subsection (b)(1);
(2) credit histories; and
(3) other background checks considered necessary by the director.
If the director requests a national criminal history background check
under subdivision (1) for an individual described in that subdivision,
the director shall require the individual to submit fingerprints to the
department or to the state police department, as appropriate, at the time
evidence of compliance is requested under subsection (c). The
individual to whom the request is made shall pay any fees or costs
associated with the fingerprints and the national criminal history
background check. The national criminal history background check
may be used by the director to determine the individual's compliance
with this section. The director or the department may not release the
results of the national criminal history background check to any private
entity.

Legislative History

As added by P.L.42-1993, SEC.86. Amended by P.L.80-1998, SEC.22; P.L.63-2001, SEC.21 and P.L.134-2001, SEC.23; P.L.10-2006, SEC.63 and P.L.57-2006, SEC.63; P.L.213-2007, SEC.87; P.L.217-2007, SEC.85; P.L.90-2008, SEC.64; P.L.35-2010, SEC.186.