§ 7.1-7-4-7 — Copy of application to state police department; criminal history background checks; issuance of permits; reasons for denial

Indiana § 7.1-7-4-7

• Jurisdiction: Indiana
• Art. 7: VAPOR PENS AND E-LIQUID
• Ch. 4: Permit Requirements

Text

(a) On receipt of a completed permit
application, the commission shall forward a copy of the application to
the state police department.
(b) The state police department shall perform a state or national
criminal history background check of the applicant and return the
application to the commission along with the state police department's
findings from the state or national background check. The commission
is responsible for the cost of a state or national criminal history
background check conducted under this article.
(c) The commission shall review the permit application after it is
returned from the state police department under subsection (b). The
commission shall grant or deny a completed application for a permit
within sixty (60) days of receipt of the application. If the commission
determines that:
(1) all the requirements under this article have been met; and
(2) the applicant has not been convicted within ten (10) years
before the date of application of:
(A) a federal crime having a sentence of at least one (1) year;
(B) an Indiana Class A, Class B, or Class C felony (for a crime
committed before July 1, 2014) or a Level 1, Level 2, Level 3,
Level 4, or Level 5 felony (for a crime committed after June 30,
2014); or
(C) a crime in a state other than Indiana having a penalty equal
to the penalty for an Indiana Class A, Class B, or Class C felony
(for a crime committed before July 1, 2014) or a Level 1, Level
2, Level 3, Level 4, or Level 5 felony (for a crime committed
after June 30, 2014);
(D) an Indiana Class D felony involving a controlled substance
under IC 35-48-4 (for a crime committed before July 1, 2014)
or a Level 6 felony involving a controlled substance under IC 35-48-4 (for a crime committed after June 30, 2014); or
(E) a crime in a state other than Indiana similar to a Class D
felony involving a controlled substance under IC 35-48-4 (for
a crime committed before July 1, 2014) or a Level 6 felony
involving a controlled substance under IC 35-48-4 (for a crime
committed after June 30, 2014).
the commission shall approve the application for issuance of the
permit.
(d) If the completed application for a permit is denied, the
commission must state the reasons for the denial. If a completed
application is denied under this section, the applicant may reapply
within thirty (30) days after the date of the denial. There is no
application fee for a reapplication under this subsection.

Legislative History

As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.27.