71 Ind. Admin. Code 12-1-20

Current through December 4, 2024

Section 71 IAC 12-1-20 - Delay in completion of satellite facility

Authority: IC 4-31-3-9

Affected: IC 4-31

Sec. 20.

(a) Failure of a license holder to begin simulcasting authorized under the license as specified by the commission by the date specified in the license may, at the sole discretion of the commission, subject the license holder to a late fee not to exceed five thousand dollars ($5,000) for every day that simulcasting is not conducted after the commencement date specified in the license. However, this late fee shall not be required to be paid for any particular day if the license holder can prove to the satisfaction of the commission that the delay arose out of causes beyond the control and without the fault or negligence of the license holder, its contractors, and subcontractors.

(b) Such causes referred to in subsection (a) may include, but are not limited to:

(1) acts of God or enemies of the United States;

(2) acts of government in either its sovereign or contractual capacity;

(3) fires;

(4) floods;

(5) epidemics;

(6) quarantine restrictions;

(7) strikes;

(8) freight embargoes; and

(9) unusually severe weather;

but in every case the delay shall be beyond the control and without the negligence of the license holder, its contractors, and subcontractors.

(c) If the cause of delay is the default of a contractor or subcontractor, and if the license holder proves to the satisfaction of the commission that the default arose out of causes beyond the control of the license holder, its contractors, and subcontractors, then the late fee shall not be due unless the supplies or services to be furnished by the contractor or subcontractor were obtainable from other sources in sufficient time to allow the license holder to meet the completion date.

71 IAC 12-1-20

Indiana Horse Racing Commission; 71 IAC 12-1-20; emergency rule filed Feb 10, 1994, 9:20 a.m.: 17 IR 1220; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA; readopted filed November 26, 2013, 11:25 a.m.: 20131225-IR-071130345RFA

Readopted filed 8/28/2019, 1:23 p.m.: 20190925-IR-071190319RFA

Readopted filed 8/3/2023, 12:49 p.m.: 20230830-IR-071230428RFA