Authority: IC 4-33-4; IC 4-33-14-10; IC 4-35-4; IC 4-35-11-10

Affected: IC 4-13-16.5; IC 4-33; IC 4-35

Sec. 10. (a) Whenever the executive director determines that a casino licensee has failed to demonstrate that it has met an established goal, the executive director shall immediately advise the casino licensee of that determination. Within ninety (90) days following the determination, the casino licensee shall demonstrate its compliance with the established goals or a good faith effort to attain the established goals, or the executive director may initiate a disciplinary action under 68 IAC 13.

(b) When determining whether the casino licensee has made a good faith effort to attain any or all of the established goals, the following factors may be considered:

1. (1) The methods and efforts utilized in an effort to achieve the established goals.
2. (2) The time allowed for a meaningful response to solicitations.
3. (3) Statements received from minority and women's business enterprises that have been listed as having been contacted by the casino licensee or contractor.
4. (4) The availability of certified minority and women's business enterprises to satisfactorily provide the casino licensee with needed goods and services at a competitive price.
5. (5) Any other factor the executive director or commission deems pertinent to a determination of the good faith effort. The executive director may consult with the department of administration, minority business development regarding a casino licensee's good faith effort.

(Indiana Gaming Commission; 68 IAC 3-3-10; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3038; readopted filed Nov 25, 2002, 10:11 a.m.: 26 IR 1261; filed Oct 1, 2008, 4:17 p.m.: 20081029-IR-068080075FRA; readopted filed Nov 24, 2014, 10:49 a.m.: 20141224-IR-068140402RFA; readopted filed Nov 24, 2020, 2:41 p.m.: 20201223-IR-068200446RFA)