Section 68 IAC 13-1-21 - Actions available to the administrative law judge and the commissionAuthority: IC 4-33-3-23; IC 4-33-4; IC 4-35-4
Affected: IC 4-21.5-3; IC 4-33; IC 4-35
Sec. 21.
(a) The commission may take any of the following actions in a proceeding to seize and forfeit a gaming device:(1) Seize and forfeit any gaming device that does not comply with the Act, IC 4-35, or this title.(2) Require the destruction or other appropriate disposal of any gaming device that does not comply with the Act, IC 4-35, or this title. Prior to the disposal of any gaming device, the commission must: (A) take a photograph that demonstrates the nature of the gaming device; and(B) record an adequate description of the gaming device.(3) Impose any appropriate action set forth in subsection (b) on a person who possesses any gaming device that does not comply with the Act, IC 4-35, or this title.(b) The commission may take any of the following actions in a disciplinary action against a licensee: (1) Suspend, revoke, restrict, or place conditions on the license of a licensee.(2) Require the removal of a licensee or the employee of a licensee.(3) Impose a civil penalty of not more than the greater of: (A) ten thousand dollars ($10,000); or(B) an amount equal to the casino licensee's daily gross receipts for the day of the violation; against a casino licensee. (4) Impose a civil penalty of not more than five thousand dollars ($5,000) against a supplier licensee for each violation of the Act, IC 4-35, or this title.(5) Impose a civil penalty of not more than five thousand dollars ($5,000) against an occupational licensee for each violation of the Act, IC 4-35, or this title.(6) Impose an additional penalty of not more than one hundred dollars ($100) for each day the original penalty goes unpaid.(7) Any other action deemed necessary by the commission to ensure compliance with the Act, IC 4-35, or this title.Indiana Gaming Commission; 68 IAC 13-1-21; filed Dec 11, 1995, 4:30 p.m.: 19 IR 1041; readopted filed Nov 25, 2002, 10:11 a.m.: 26 IR 1261; filed Dec 15, 2008, 11:29 a.m.: 20090114-IR-068080430FRAReadopted filed 10/2/2015, 3:23 p.m.: 20151028-IR-068150249RFAReadopted filed 9/30/2021, 2:07 p.m.: 20211027-IR-068210351RFA