Authority: IC 4-33-4; IC 4-35-4

Affected: IC 4-21.5-3-1; IC 4-33-4-7; IC 4-35-4-9

Sec. 4. (a) Upon a determination that a person should be excluded under section 3 of this rule, IC 4-33-4-7, or IC 4-35-4- 9, the executive director or the executive director's designee must serve notice as described in IC 4-21.5-3-1, of the order of exclusion on the excluded person. The notice must include the following:

1. (1) The name of the excluded person.
2. (2) The nature and scope of the circumstances or reasons that the person should be placed on the exclusion list.
3. (3) The duration of the exclusion.
4. (4) A brief explanation of the available procedures and the time limit for seeking administrative review of the order.
5. (5) An explanation of the civil penalty proceedings to which the excluded person may be subject under 68 IAC 13-2 if the excluded person violates the exclusion.

(b) An order of the executive director under section 3 of this rule:

1. (1) is effective fifteen (15) days after the date the notice of exclusion was served; and
2. (2) remains effective pending any hearing or judicial review.

(c) A person subject to an order of exclusion may petition the commission for a hearing under 68 IAC 7. Any petition for a hearing must be made within fifteen (15) days from the date the notice of exclusion was served. If the excluded person does not petition for a hearing within fifteen (15) days from the date of service of the notice of exclusion, the executive director's order of exclusion is a final order.

(d) If the notice of exclusion provides for a temporary exclusion, the executive director or the executive director's designee shall set the term of the temporary exclusion. A temporary exclusion must be at least twelve (12) months in duration.

(Indiana Gaming Commission; 68 IAC 6-1-4; filed Nov 10, 1994, 11:00 a.m.: 18 IR 507; readopted filed Oct 15, 2001, 4:34 p.m.: 25 IR 898; readopted filed Sep 14, 2007, 1:40 p.m.: 20071003-IR-068070354RFA; filed Dec 15, 2008, 11:29 a.m.: 20090114-IR- 068080430FRA; readopted filed Oct 2, 2015, 3:23 p.m.: 20151028-IR-068150249RFA; readopted filed Sep 30, 2021, 2:07 p.m.: 20211027-IR-068210351RFA; readopted filed Oct 1, 2024, 9:32 a.m.: 20241030-IR-068230797RFA)