Section 68 IAC 2-4-9 - Transmittal of record and recommendation to the commissionAuthority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3
Affected: IC 4-33-8-11
Sec. 9.
(a) The record shall consist of the following:(1) The notice of denial and request for review.(2) All evidence received.(3) A statement of matters officially noticed.(4) A summary of the results of the background investigation.(5) The criminal record or criminal history of the petitioner.(6) The written recommendations and findings of fact made by the review officer.(7) An original transcription or tape of the oral proceedings.(b) Oral proceedings shall be recorded, at the direction of the review officer, stenographically or by such other means as to adequately ensure the preservation of such testimony or oral proceedings and shall be transcribed at the request of the petitioner or the commission. The requesting party shall pay for the transcript at the prevailing rate. The original transcript, if prepared, shall be filed with the commission. A party that did not order the original transcript may obtain a copy of the transcript after paying the appropriate cost.(c) At the conclusion of the review, the review officer shall issue to the commission written findings of fact and recommendations. Findings of fact may be based on the evidence presented, matters officially noticed, the criminal record or history of the petitioner, and the results of the investigative teams' background investigations. In determining whether the petitioner has demonstrated rehabilitation, the review officer shall consider the factors set forth in IC 4-33-8-11.(d) Requirements for a final commission order shall be as follows: (1) The commission shall issue its order in one (1) of the following manners: (A) The commission may issue an order by adopting the written findings of fact and recommendations of the review officer without further review.(B) After a review of the entire record, the commission may render a written order, including the basis for its decision. The commission may adopt the findings of fact and recommendations of the review officer as the final commission order after the review.(C) The commission may review the request for review of the convicted felon disqualification de novo.(2) A copy of the final commission order shall be served on petitioner by personal delivery or certified mail.(3) A final commission order shall become effective upon personal delivery to the petitioner or upon posting of certified mail. (e) A petitioner who fails to receive an occupational license after a review under this rule may request a hearing under 68 IAC 7.Indiana Gaming Commission; 68 IAC 2-4-9; filed Nov 10, 1994, 11:00 a.m.: 18 IR 502; errata filed Nov 1, 1995, 8:30 a.m.: 19 IR 353; 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