CHAPTER 6. LICENSING OF RACETRACK PERSONNEL AND RACING PARTICIPANTS
IC 4-31-6
Chapter 6. Licensing of Racetrack Personnel and Racing
Participants
IC 4-31-6-1
Application
Sec. 1. (a) This section does not apply to:
(1) law enforcement officers; or
(2) reporters or other media employees assigned to cover events
at a racetrack.
(b) A person must be a licensee in order to:
(1) participate in racing at a racetrack or at a satellite facility
that permits the pari-mutuel form of wagering; or
(2) work in any capacity for a permit holder or an employee or
a subcontractor of a permit holder.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.50-1995,
SEC.4.
IC 4-31-6-2
Procedures for license applications; license fees; adoption of rules
Sec. 2. The commission shall adopt rules under IC 4-22-2
establishing:
(1) procedures for license applications; and
(2) license fees.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-6-3
License fees; disbursement
Sec. 3. License fees collected by the commission shall be paid
into the state general fund.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-6-4
Validity of license
Sec. 4. Unless revoked by the commission, each license is valid
for one (1) year, beginning on January 1 of the year in which it is
issued.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-6-5
Age of applicant; restrictions
Sec. 5. (a) Except as provided in subsection (b), the commission
may not grant a license to an applicant who is less than sixteen (16)
years of age.
(b) The commission may grant the following:
(1) A horse owner's license to an applicant of any age.
(2) A license other than a horse owner's license to an applicant
less than sixteen (16) years of age who is working on a permit
holder's premises for a parent or legal guardian. An application
for a license under this subdivision must be signed by the
applicant's parent or legal guardian in the presence of one (1) or
more track judges.
(c) An application for a horse owner's license by a person less
than eighteen (18) years of age must be accompanied by a notarized
statement from the applicant's parent or guardian indicating that the
parent or guardian assumes responsibility for meeting all financial,
contractual, or other obligations relating to all racing activities of the
applicant.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.50-1995,
SEC.5.
IC 4-31-6-6
Conditions for refusal, revocation, or suspension of license
Sec. 6. (a) The commission may refuse or deny a license
application, revoke or suspend a license, or otherwise penalize a
licensee, if:
(1) the refusal, denial, revocation, suspension, or other penalty
is in the public interest for the purpose of maintaining proper
control over horse racing meetings or pari-mutuel wagering; and
(2) any of the conditions listed in subsection (b) apply to the
applicant or licensee.
(b) The conditions referred to in subsection (a) are as follows:
(1) The applicant or licensee has been convicted of a felony or
misdemeanor that could compromise the integrity of racing by
the applicant's or licensee's participation in racing.
(2) The applicant or licensee has had a license of the legally
constituted racing authority of a state, province, or country
denied, suspended, or revoked for cause within the preceding
five (5) years.
(3) The applicant or licensee is presently under suspension for
cause of a license by the legally constituted racing authority of
a state, province, or country.
(4) The applicant or licensee has violated or attempted to
violate a provision of this article, a rule adopted by the
commission, or a law or rule with respect to horse racing in a
jurisdiction.
(5) The applicant or licensee has perpetrated or attempted to
perpetrate a fraud or misrepresentation in connection with the
racing or breeding of horses or pari-mutuel wagering.
(6) The applicant or licensee has demonstrated financial
irresponsibility by accumulating unpaid obligations, defaulting
on obligations, or issuing drafts or checks that are dishonored
or not paid.
(7) The applicant or licensee has made a material
misrepresentation in an application for a license.
(8) The applicant or licensee has been convicted of a crime
involving bookmaking, touting, or similar pursuits or has
consorted with a person convicted of such an offense.
(9) The applicant or licensee has abandoned, mistreated,
abused, neglected, or engaged in an act of cruelty to a horse.
(10) The applicant or licensee has engaged in conduct that is
against the best interest of horse racing.
(11) The applicant or licensee has failed to comply with a
written order or ruling of the commission or judges pertaining
to a racing matter.
(12) The applicant or licensee has failed to answer correctly
under oath, to the best of the applicant's or licensee's
knowledge, all questions asked by the commission or its
representatives pertaining to a racing matter.
(13) The applicant or licensee has failed to return to a permit
holder any purse money, trophies, or awards paid in error or
ordered redistributed by the commission.
(14) The applicant or licensee has had possession of an
alcoholic beverage on a permit holder's premises, other than a
beverage legally sold through the permit holder's concession
operation.
(15) The applicant or licensee has interfered with or obstructed
a member of the commission, a commission employee, or a
racing official while performing official duties.
(16) The name of the applicant or licensee appears on the
department of state revenue's most recent tax warrant list, and
the person's delinquent tax liability has not been satisfied.
(17) The applicant or licensee has pending criminal charges.
(18) The applicant or licensee has racing disciplinary charges
pending in Indiana or another jurisdiction.
(19) The applicant or licensee is unqualified to perform the
duties required under this article or the rules of the commission.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,
SEC.19; P.L.50-1995, SEC.6.
IC 4-31-6-6.5
Denial of license to persons owing support
Sec. 6.5. The commission shall deny:
(1) a license; or
(2) the renewal of a license;
issued under this chapter to a person who is the subject of an order
issued by a court under IC 31-14-12-6 or IC 31-16-12-9 (or
IC 31-1-11.5-13(l) or IC 31-6-6.1-16(l) before their repeal).
As added by P.L.23-1996, SEC.3. Amended by P.L.1-1997, SEC.24.
IC 4-31-6-7
Applicant for license to serve in capacity of judge; mental and
physical qualifications
Sec. 7. In addition to the other requirements of this chapter, an
applicant for a license to serve in the capacity of judge must satisfy
the commission that the applicant possesses the necessary mental and
physical qualifications, including:
(1) temperament;
(2) experience and knowledge of the horse racing industry and
of the duties of racing officials; and
(3) other factors that the commission considers relevant.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-6-8
Fingerprints; submission by applicants
Sec. 8. (a) Applicants for a license issued by the commission shall
submit their fingerprints to the commission once. Except as provided
in subsection (d), the fingerprints shall be submitted as follows:
(1) The commission shall have fingerprints taken of an
applicant for a license before approving the applicant for
admission to the racing premises.
(2) Persons not appearing at the racing premises shall submit
their fingerprints in the manner prescribed by the commission.
(b) Except as provided in subsection (d), fingerprints required by
this section must be submitted on forms prescribed by the
commission.
(c) The commission may forward to the Federal Bureau of
Investigation or any other agency for processing all fingerprints
submitted by license applicants. The commission shall maintain a file
of fingerprints.
(d) The commission may accept the results of fingerprints taken
within the preceding five (5) years and accepted by a racing body in
another racing jurisdiction. The commission may require that
acceptance of fingerprints under this subsection be dependent on the
existence of a reciprocal agreement through which the state
providing the fingerprints agrees to accept fingerprints from Indiana.
(e) The commission shall coordinate with the state police
department for the storage of fingerprints submitted under this
section.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,
SEC.20; P.L.50-1995, SEC.7; P.L.113-2010, SEC.10.
IC 4-31-6-9
Issuance, denial, suspension, or revocation of license; construction
with other laws
Sec. 9. Except as provided in sections 10 and 11 of this chapter,
the issuance, denial, suspension, or revocation of a license under this
chapter is subject to IC 4-21.5.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.23-1996,
SEC.4.
IC 4-31-6-10
Suspension of license of person owing support; notice;
reinstatement
Sec. 10. (a) Upon receiving an order of a court issued under
IC 31-14-12-6 or IC 31-16-12-9 (or IC 31-1-11.5-13(l) or
IC 31-6-6.1-16(l) before their repeal), the commission shall:
(1) suspend a license issued under this chapter to any person
who is the subject of the order; and
(2) promptly mail a notice to the last known address of the
person who is the subject of the order, stating the following:
(A) That the person's license is suspended beginning five (5)
business days after the date the notice is mailed, and that the
suspension will terminate not earlier than ten (10) business
days after the commission receives an order allowing
reinstatement from the court that issued the suspension
order.
(B) That the person has the right to petition for reinstatement
of a license issued under this chapter to the court that issued
the order for suspension.
(b) The commission shall not reinstate a license suspended under
subsection (a) until the commission receives an order allowing
reinstatement from the court that issued the order for suspension.
As added by P.L.23-1996, SEC.5. Amended by P.L.1-1997, SEC.25;
P.L.1-2002, SEC.12.
IC 4-31-6-11
Duties of commission upon receipt of certain bureau orders;
probationary status; appeal; reinstatement
Sec. 11. (a) Upon receiving an order from the bureau (Title IV-D
agency) under IC 31-25-4-32(h), the commission shall send to the
person who is the subject of the order a notice that does the
following:
(1) States that the person is delinquent and is subject to an order
placing the person on probationary status.
(2) Explains that unless the person contacts the bureau and:
(A) pays the person's child support arrearage in full;
(B) establishes a payment plan with the bureau to pay the
arrearage, which must include an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5; or
(C) requests a hearing under IC 31-25-4-33;
within twenty (20) days after the date the notice is mailed, the
commission shall place the person on probationary status with
respect to any license issued to the person under this chapter.
(3) Explains that the person may contest the bureau's
determination that the person is delinquent and subject to an
order placing the person on probationary status by making
written application to the bureau within twenty (20) days after
the date the notice is mailed.
(4) Explains that the only basis for contesting the bureau's
determination that the person is delinquent and subject to an
order placing the person on probationary status is a mistake of
fact.
(5) Explains the procedures to:
(A) pay the person's child support arrearage in full;
(B) establish a payment plan with the bureau to pay the
arrearage, which must include an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5; and
(C) request a hearing under IC 31-25-4-33.
(6) Explains that the probation will terminate ten (10) business
days after the commission receives a notice from the bureau that
the person has:
(A) paid the person's child support arrearage in full; or
(B) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(b) Upon receiving an order from the bureau (Title IV-D agency)
under IC 31-25-4-34(c), the commission shall send to the person who
is the subject of the order a notice that states the following:
(1) That a license issued to the person under this chapter has
been placed on probationary status, beginning five (5) business
days after the date the notice is mailed, and that the probation
will terminate ten (10) business days after the commission
receives a notice from the bureau that the person has:
(A) paid the person's child support arrearage in full; or
(B) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(2) That if the commission is advised by the bureau that the
person whose license has been placed on probationary status
has failed to:
(A) pay the person's child support arrearage in full; or
(B) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the date the notice is mailed, the
commission shall suspend the person's license.
(c) If a person whose license has been placed on probationary
status fails to:
(1) pay the person's child support arrearage in full; or
(2) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the notice required under subsection (b)
is mailed, the commission shall suspend the person's license.
(d) The commission may not reinstate a license placed on
probation or suspended under this section until the commission
receives a notice from the bureau that the person has:
(1) paid the person's child support arrearage in full; or
(2) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5.
As added by P.L.23-1996, SEC.6. Amended by P.L.1-1997, SEC.26;
P.L.145-2006, SEC.7; P.L.103-2007, SEC.1.