Authority: IC 6-8.1-3-3

Affected: IC 6-6-2.5-71

Sec. 3. (a) Special fuel sellers shall allow the administrator to seal gallonage totalizers of metered pumps operated by or on behalf of the person selling special fuel or kerosene.

(b) If the department determines that a metered pump operated by or on behalf of a special fuel seller is without an effectively sealable gallonage totalizer, the special fuel seller shall, at the department's request:

1. (1) adapt the pump to the department's specifications so that it may be effectively sealed; or
2. (2) replace, in whole or in part, the pump, with a pump that employs an effectively sealable gallonage totalizer, as determined by the department.

(c) A special fuel seller's failure to comply with the department's request made under IC 6-6-2.5-71 shall be considered evidence that the revenue of the special fuel seller is in jeopardy, upon which the department may seal the pumps of the special fuel seller pursuant to IC 6-6-2.5-71.

(d) No person shall replace or change the totalizer on a metered special fuel pump without an authorized employee of the department present, except:

1. (1) upon malfunction or breakage of the totalizer; and

2. (2) written affidavit executed by the person who made the change or replacement and stating therein:

   1. (A) the date and time of the change or replacement; and
   2. (B) the reason for the change or replacement; and
   3. (C) the old and new readings on the totalizer; and
   4. (D) any other information that the department may reasonably request;
3. (3) by a person or company who is registered or registers with the department on a form prescribed by the department; or
4. (4) by the owner or operator of the metered pump.

(Department of State Revenue; Reg 6-6-2.1-1011(010); filed Apr 30, 1986, 3:34 p.m.: 9 IR 2187; filed Dec 18, 2015, 3:40 p.m.: 20160113-IR-045140518FRA)