§ 4-35-4-2 — Rules; violations; fees and penalties; voluntary exclusion program

Indiana § 4-35-4-2

• Jurisdiction: Indiana
• Art. 35: GAMBLING GAMES AT RACETRACKS
• Ch. 4: Powers and Duties of the Indiana Gaming Commission

Text

(a) The commission shall do the following:
(1) Adopt rules under IC 4-22-2 that the commission determines
are necessary to protect or enhance the following:
(A) The credibility and integrity of gambling games authorized
under this article.
(B) The regulatory process provided in this article.
(2) Conduct all hearings concerning civil violations of this article.
(3) Provide for the establishment and collection of license fees
imposed under this article, and deposit the license fees in the state
general fund.
(4) Levy and collect penalties for noncriminal violations of this
article and deposit the penalties in the state general fund.
(5) Approve the design, appearance, aesthetics, and construction
of gambling game facilities authorized under this article.
(6) Adopt rules to establish and implement a voluntary exclusion
program that meets the requirements of subsection (b).
(7) Establish the requirements for a power of attorney submitted
under IC 4-35-5-9.
(b) Rules adopted under subsection (a)(6) must provide the
following:
(1) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program agrees to refrain
from entering a facility at which gambling games are conducted
or another facility under the jurisdiction of the commission.
(2) That the name of a person participating in the program will be
included on a list of persons excluded from all facilities under the
jurisdiction of the commission.
(3) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program may not petition
the commission for readmittance to a facility under the
jurisdiction of the commission.
(4) That the list of patrons entering the voluntary exclusion
program and the personal information of the participants are
confidential and may only be disseminated by the commission to
the owner or operator of a facility under the jurisdiction of the
commission for purposes of enforcement and to other entities,
upon request by the participant and agreement by the commission.
(5) That an owner of a facility under the jurisdiction of the
commission shall make all reasonable attempts as determined by
the commission to cease all direct marketing efforts to a person
participating in the program.
(6) That an owner of a facility under the jurisdiction of the
commission may not cash the check of a person participating in
the program or extend credit to the person in any manner.
However, the voluntary exclusion program does not preclude an
owner from seeking the payment of a debt accrued by a person
before entering the program.

Legislative History

As added by P.L.233-2007, SEC.21. Amended by P.L.142-2009, SEC.18; P.L.255-2015, SEC.24; P.L.93-2024, SEC.37.