Indiana Code 4-32.2-8

Information Maintained by the Office of Code Revision Indiana Legislative Services Agency

IC 4-32.2-8
     Chapter 8. Penalties

IC 4-32.2-8-1
Grounds for penalties
     Sec. 1. (a) The commission may suspend or revoke the license of or levy a civil penalty against a qualified organization, a manufacturer, a distributor, or an individual under this article for any of the following:
        (1) Violation of:
            (A) a provision of this article, IC 35-45-5-3, IC 35-45-5-3.5, IC 35-45-5-4, or a rule of the commission; or
            (B) any other local ordinance, state or federal statute, or administrative rule or regulation that would cause the commission to determine that the person is not of good moral character or reputation.
        (2) Failure to accurately account for a licensed supply.
        (3) Failure to accurately account for sales proceeds from an event or activity licensed or permitted under this article.
        (4) Commission of a fraud, deceit, or misrepresentation.
        (5) Conduct prejudicial to public confidence in the commission.
    (b) If a violation is of a continuing nature, the commission may impose a civil penalty upon a licensee or an individual for each day the violation continues.
    (c) For purposes of subsection (a), a finding that a person has violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must be supported by a preponderance of the evidence.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007, SEC.40.

IC 4-32.2-8-2
Civil penalty amounts
     Sec. 2. A civil penalty imposed by the commission upon a qualified organization or an individual under section 1 of this chapter may not exceed the following amounts:
        (1) One thousand dollars ($1,000) for the first violation.
        (2) Two thousand five hundred dollars ($2,500) for the second violation.
        (3) Five thousand dollars ($5,000) for each additional violation.
As added by P.L.91-2006, SEC.3.

IC 4-32.2-8-3
Additional enforcement actions authorized
     Sec. 3. In addition to imposing a penalty described in section 1 of this chapter, the commission may do all or any of the following:
        (1) Lengthen a period of suspension of the license.
        (2) Prohibit an operator or an individual who has been found to be in violation of this article from associating with charity gaming conducted by a qualified organization.
        (3) Impose an additional civil penalty of not more than one

hundred dollars ($100) for each day the civil penalty goes unpaid.
As added by P.L.91-2006, SEC.3.

IC 4-32.2-8-4
Criminal penalties
Sec. 4. (a) Except as provided in subsection (b), a person or an organization that recklessly, knowingly, or intentionally violates a provision of this article commits a Class B misdemeanor.
(b) An individual, a corporation, a partnership, a limited liability company, or other association that recklessly, knowingly, or intentionally enters into a contract or other agreement with a qualified organization in violation of IC 4-32.2-5-2 commits a Class D felony.
As added by P.L.91-2006, SEC.3.

IC 4-32.2-8-5
Deposit of civil penalties
Sec. 5. The commission shall deposit civil penalties collected under this chapter in the charity gaming enforcement fund established by IC 4-32.2-7-3.
As added by P.L.91-2006, SEC.3.