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

Affected: IC 4-33-4-7; IC 4-35-4-9

Sec. 9. (a) The burden of proof is at all times upon the petitioner. The petitioner has the affirmative responsibility of establishing that he or she is eligible for removal from the exclusion list.

(b) Any testimony must be given under oath or affirmation.

(c) The petitioner may present his or her case. The review officer may question:

1. (1) witnesses called by the petitioner; and
2. (2) the petitioner;

based on the testimony and evidence presented by the petitioner and the information gathered by the commission.

(d) At the discretion of the review officer, the petitioner may present a closing argument. The review officer may restrict the length of the closing argument.

(Indiana Gaming Commission; 68 IAC 6-1-9; 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)