Section 68 IAC 2-4-12 - Sanctions and penaltiesAuthority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3
Affected: IC 4-33-8-11
Sec. 12.
(a) The review officer may impose sanctions and penalties if the review officer finds that a party has acted in bad faith, for the purpose of delay, or has otherwise abused the hearing process. Such sanctions and penalties include, but are not limited to, default judgment or directed finding on one (1) or more issues, or a fine.(b) If a petitioner fails to testify on his or her own behalf with respect to any question propounded to him or her, the review officer may infer therefrom that such testimony or answer would have been adverse to the case of the party refusing to testify.(c) If the petitioner fails to answer a subpoena or refuses to testify fully at the request of the commission, such failure may be deemed independent grounds for a finding that the petitioner should have been denied a license. The review officer may also infer therefrom that such testimony would have been adverse to the petitioner.(d) The unexcused failure of the petitioner to appear at a review shall constitute an admission of all matters and facts contained in the notice of denial. In such case, the review officer may take action based upon such admission or upon any other evidence, including affidavits, without any further notice to the petitioner. Indiana Gaming Commission; 68 IAC 2-4-12; filed Nov 10, 1994, 11:00 a.m.: 18 IR 503; readopted filed Oct 15, 2001, 4:34 p.m.: 25 IR 898; readopted filed Sep 14, 2007, 1:40 p.m.: 20071003-IR-068070354RFA; readopted filed November 26, 2013, 3:58 p.m.: 20131225-IR-068130354RFAReadopted filed 9/4/2019, 10:57 a.m.: 20191002-IR-068190384RFA