Section 28-8-5-12 - Issuance and refusal of licenses; evidence of compliance; criminal background checks(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.
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.