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 4-33-14; IC 4-35-11

Sec. 8. (a) A casino licensee may be considered as having failed to satisfy IC 4-33-14 or IC 4-35-11 if any one (1) of the following occurs:

1. (1) The casino licensee has failed to make a good faith effort to achieve the established goals.
2. (2) The casino licensee fails to improve its efforts toward attainment of the established goals after becoming aware that it will fail to attain the established goals on an annual basis.
3. (3) The casino licensee fails to prepare and file accurate or timely reports as required by this rule.
4. (4) The casino licensee fails to meet any other provision of IC 4-33-14, IC 4-35-11, or this rule.

(b) A casino licensee is responsible for the failure of a contractor to comply with the provisions of a participation plan. However, if:

1. (1) a contractor has misrepresented to a casino licensee information concerning the percentage of minority business or women's business obtained or to be obtained as part of the contract; and
2. (2) the casino licensee has no reason to know that such information is false;

the casino licensee shall not be responsible for the failure of same contractor. The percentage of minority business or women's business to be acquired via such participation contract shall be included in the calculation of the casino licensee's minority or women's business utilization until the time that the contractor's misrepresentation is or should have been discovered or made known to the casino licensee. If at any time the commission determines that the licensee failed to make a reasonable effort, on at least an annual basis, to verify a contractor's participation plan expenditures, the commission will presume that any misrepresentation by the contractor should have been previously discovered by the casino licensee.

(Indiana Gaming Commission; 68 IAC 3-3-8; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3037; 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)