Title 4, STATE OFFICES AND ADMINISTRATION

Sec. 2. Under 15 U.S.C. 1172, approved January 2, 1951, the state of Indiana, acting by and through elected and qualified members of the general assembly, declares that the state is exempt from 15 U.S.C. 1172. As added by P.L.233-2007, SEC.21.

Sec. 3. (a) This section does not apply to real or personal property taxes imposed by a local taxing unit. (b) Local governmental authority concerning all matters relating to the gambling games at racetracks conducted under this article is preempted by the state under this articl…

Sec. 4. This article will maintain the public's confidence and trust through: (1) comprehensive law enforcement supervision; and (2) the strict regulation of facilities, persons, associations, and gambling games at racetracks under this article. As added by P.L.233-2007, SEC.21.…

Sec. 1. (a) The commission shall supervise and administer type II gambling operations conducted in Indiana under this article. (b) The commission shall enforce this article. As added by P.L.95-2008, SEC.13.

Sec. 2. For purposes of conducting an investigation or a proceeding under this article, the commission may do the following: (1) Administer oaths. (2) Take depositions. (3) Issue subpoenas. (4) Compel the attendance of witnesses and the production of books, papers, documents, and…

Sec. 3. The commission may adopt rules under IC 4-22-2 for the establishment, implementation, and operation of type II gambling games and to ensure that the type II gambling operations are consistently operated in a fair and honest manner. As added by P.L.95-2008, SEC.13. Amended…

Sec. 4. (a) The commission has the sole authority to issue an endorsement or a license to a person authorizing the person to sell, distribute, or manufacture type II gambling games under this article. (b) The commission may not limit the number of persons licensed under this arti…

Sec. 1. The corporation is governed by a board of trustees that consists of the following members: (1) Thirteen (13) persons appointed by the governor who are voting members. The governor's appointments under this subdivision must meet the following criteria: (A) Each member must…

Sec. 2. (a) The members appointed in section 1 of this chapter: (1) begin their terms July 1; (2) shall serve for terms of three (3) years; and (3) may be reappointed or replaced by the appointing authority, but may not serve more than three (3) consecutive terms. (b) A member ap…

Sec. 3. (a) The governor shall appoint the chair of the board, who shall serve for a one (1) year term or until the governor appoints a successor. (b) The board shall elect a vice chair, secretary, and treasurer for a term of two (2) years each. As added by P.L.167-2011, SEC.1.…

Sec. 4. (a) A majority of the current members serving on the board constitutes a quorum. (b) The board shall adopt bylaws establishing procedures for the board. As added by P.L.167-2011, SEC.1. Amended by P.L.125-2016, SEC.1.

Sec. 5. Board members are not liable in an individual capacity for any act done or omitted in connection with the performance of duties under this article. This section does not apply to an act or omission that constitutes gross negligence or willful misconduct. As added by P.L.1…

Sec. 6. (a) Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and for other expenses actually incurred in…

Sec. 7. On or before July 1, 2027, and July 1 biennially thereafter, the board shall submit a report to the executive director of the legislative services agency, in an electronic format under IC 5-14-6, for review by the interim committee on government in accordance with IC 1-1-…

Sec. 1. The commission shall adopt rules under IC 4-22-2 to implement this article. Rules adopted under this section must include the following: (1) Standards for the conduct of sports wagering under this article. (2) Standards and procedures to govern the conduct of sports wager…

Sec. 2. Rules adopted under section 1 of this chapter must require a certificate holder to do the following: (1) Designate one (1) or more areas within the licensed facility operated by the certificate holder for sports wagering conducted under this article. (2) Ensure that the c…

Sec. 1. (a) The office shall appoint a group to develop standards that are compatible with principles and goals contained in the electronic and information technology accessibility standards adopted by the architectural and transportation barriers compliance board under Section 5…

Sec. 1. (a) Except as provided in IC 4-13.6-4, the department shall: (1) adopt rules under IC 4-22-2 necessary to carry out this article; (2) consider and decide matters of policy under this article; and (3) enforce this article and the rules adopted under it. However, the depart…

Sec. 2. (a) The public works division is established within the department. Subject to this article, the division shall: (1) prepare or supervise preparation of contract documents for public works projects; (2) approve contract documents for public works projects; (3) advertise f…

Sec. 3. (a) There is established a certification board. The following persons shall serve on the certification board: (1) The director of engineering of the department of natural resources. (2) The director. (3) The state building commissioner of the department of homeland securi…

Sec. 4. (a) The commissioner may specify in a contract that early performance of the contract will result in increased compensation at either: (1) a percentage of the contract amount; or (2) a specific dollar amount; determined by the commissioner. (b) The commissioner may specif…

Sec. 1. This chapter does not apply to either of the following: (1) Acquisition of property under IC 32-24. (2) Acquisition of property by the Indiana department of transportation. However, this chapter applies to property acquired under IC 8-4.5-5. As added by P.L.7-1993, SEC.7.…

Sec. 2. An agency may acquire property from the owner of the property under a contract between the agency and the owner of the property. As added by P.L.7-1993, SEC.7.

Sec. 4. (a) The instrument conveying the property must show the state of Indiana as the grantee of the property for the use of the acquiring agency. (b) Before the instrument is accepted the following must occur: (1) The land office must approve the legal description contained in…

Sec. 6. (a) The commissioner may authorize an agency under IC 5-22-10-6 to acquire property at an auction. (b) The commissioner shall provide the agency with the maximum amounts that the agency may: (1) bid; and (2) provide as down payment; in the purchase of property under this …

Sec. 1. (a) This section applies to: (1) the giving of any notice; (2) the service of any motion, ruling, order, or other filed item; or (3) the filing of any document with the ultimate authority or the office of administrative law proceedings; in an administrative proceeding und…

Sec. 10. (a) An administrative law judge is subject to disqualification for: (1) bias, prejudice, or interest in the outcome of a proceeding; (2) failure to dispose of the subject of a proceeding in an orderly and reasonably prompt manner after a written request by a party; (3) u…

Sec. 11. (a) Except as provided in subsection (b) or unless required for the disposition of ex parte matters specifically authorized by statute, an administrative law judge serving in a proceeding may not communicate, directly or indirectly, regarding any issue in the proceeding …

Sec. 12. An administrative law judge who: (1) comments publicly, except as to hearing schedules or procedures, about pending or impending proceedings; or (2) engages in financial or business dealings that tend to: (A) reflect adversely on the administrative law judge's impartiali…

Sec. 13. (a) An individual who has served as investigator, prosecutor, or advocate in a proceeding or in its preadjudicative stage may not serve as an administrative law judge or assist or advise the administrative law judge in the same proceeding. (b) An individual who is subjec…

Sec. 14. (a) An administrative law judge conducting a proceeding shall keep a record of the administrative law judge's proceedings under this article. (b) If a motion is based on facts not otherwise appearing in the record for the proceeding, the administrative law judge may hear…

Sec. 15. (a) Any party may participate in a proceeding in person or, if the party is not an individual or is incompetent to participate, by a duly authorized representative. (b) Whether or not participating in person, any party may be advised and represented at the party's own ex…

Sec. 16. (a) A person who: (1) cannot speak or understand the English language or who because of hearing, speaking, or other impairment has difficulty in communicating with other persons; and (2) is a party or witness in any proceeding under this article; is entitled to an interp…

Sec. 17. (a) The administrative law judge, at appropriate stages of a proceeding, shall give all parties full opportunity to file pleadings, motions, and objections and submit offers of settlement. (b) The administrative law judge, at appropriate stages of a proceeding, may give …

Sec. 18. (a) The administrative law judge for the hearing, subject to the agency's rules, may, on the administrative law judge's own motion, and shall, on the motion of a party, conduct a prehearing conference. The administrative law judge may deny a motion for a prehearing confe…

Sec. 19. (a) This section and section 18 of this chapter apply to prehearing conferences. (b) To expedite a decision on pending motions and other issues, the administrative law judge may conduct all or part of the prehearing conference by telephone, television, or other electroni…

Sec. 2. (a) In computing any period of time under this article, the day of the act, event, or default from which the designated period of time begins to run is not included. The last day of the computed period is to be included unless it is: (1) a Saturday; (2) a Sunday; (3) a le…

Sec. 20. (a) The administrative law judge for the hearing shall set the time and place of the hearing and give reasonable written notice to all parties and to all persons who have filed written petitions to intervene in the matter. Unless a shorter notice is required to comply wi…

Sec. 21. (a) Before the beginning of the hearing on the subject of the proceeding, the administrative law judge shall grant a petition for intervention in a proceeding and identify the petitioner in the record of the proceeding as a party if: (1) the petition: (A) is submitted in…

Sec. 22. (a) The administrative law judge at the request of any party or an agency shall, and upon the administrative law judge's own motion may, issue: (1) subpoenas; (2) discovery orders; and (3) protective orders; in accordance with the rules of procedure governing discovery, …

Sec. 23. (a) A party may, at any time after a matter is assigned to an administrative law judge, move for a summary judgment in the party's favor as to all or any part of the issues in a proceeding. (b) Except as otherwise provided in this section, an administrative law judge sha…

Sec. 24. (a) At any stage of a proceeding, if a party fails to: (1) satisfy the requirements of section 7(a) of this chapter; (2) file a responsive pleading required by statute or rule; (3) attend or participate in a prehearing conference, hearing, or other stage of the proceedin…

Sec. 25. (a) This section and section 26 of this chapter govern the conduct of any hearing held by an administrative law judge. (b) The administrative law judge shall regulate the course of the proceedings in conformity with any prehearing order and in an informal manner without …

Sec. 26. (a) This section and section 25 of this chapter govern the conduct of any hearing conducted by an administrative law judge. Upon proper objection, the administrative law judge shall exclude evidence that is irrelevant, immaterial, unduly repetitious, or excludable on con…

Sec. 27. (a) If the administrative law judge is the ultimate authority for the agency, the ultimate authority's order disposing of a proceeding is a final order. If the administrative law judge is not the ultimate authority, the administrative law judge's order disposing of the p…

Sec. 27.5. (a) In a proceeding under this chapter concerning an agency action, the administrative law judge shall order the agency to pay the reasonable attorney's fees incurred in the proceeding by the prevailing party challenging the agency action if: (1) the party challenging …