Title 4, STATE OFFICES AND ADMINISTRATION

Sec. 4. The standards established under section 3(1) of this chapter must do the following: (1) Encourage increased efficiency of agencies through the grouping of interrelated agencies. (2) Facilitate public access to state government. (3) Ensure that state offices will be centra…

Sec. 5. An agency that needs facilities must submit a description of its needs to the department. As added by P.L.7-1993, SEC.7.

Sec. 6. Whenever the department approves all or part of an agency's request for facilities, the department shall determine whether the agency's needs can be met by assigning that agency facilities in or on property already owned or leased by the state. If the agency's needs can b…

Sec. 7. (a) If an agency's needs cannot be met under section 6 of this chapter, the department may approve the leasing of facilities for the agency or lease facilities in its own name and assign them to the agency. A lease approved under this subsection must satisfy all the follo…

Sec. 1. Except as provided in IC 22-9 and IC 22-9.5, this chapter establishes the exclusive means for judicial review of an agency action. However, a subpoena, discovery order, or protective order issued under this article may be contested only in an action for civil enforcement …

Sec. 10. A person may obtain judicial review of an issue that was not raised before the agency, only to the extent that: (1) the issue concerns whether a person who was required to be notified by this article of the commencement of a proceeding was notified in substantial complia…

Sec. 11. (a) Judicial review of disputed issues of fact must be confined to the agency record for the agency action supplemented by additional evidence taken under section 12 of this chapter. A court is not bound by a finding of fact made by the ultimate authority if the finding …

Sec. 12. (a) The court may receive evidence, in addition to that contained in the agency record for judicial review, only if it relates to the validity of the agency action at the time it was taken and is needed to decide disputed issues regarding one (1) or both of the following…

Sec. 13. (a) Not later than thirty (30) days after receipt of the petition for judicial review served under section 8 of this chapter or within further time allowed by the court or by other law, the office or ultimate authority shall transmit to the court the original or a certif…

Sec. 14. (a) The burden of demonstrating the invalidity of agency action is on the party to the judicial review proceeding asserting invalidity. (b) The validity of agency action shall be determined in accordance with the standards of review provided in this section, as applied t…

Sec. 15. If the court finds that a person has been prejudiced under section 14 of this chapter, the court may set aside an agency action and: (1) remand the case to the agency for further proceedings; or (2) compel agency action that has been unreasonably delayed or unlawfully wi…

Sec. 16. Decisions on petitions for review of agency action are appealable in accordance with the rules governing civil appeals from the courts. As added by P.L.18-1986, SEC.1.

Sec. 2. (a) Judicial review is initiated by filing a petition for review in the appropriate court. (b) Only a person who qualifies under: (1) section 3 of this chapter concerning standing; (2) section 4 of this chapter concerning exhaustion of administrative remedies; (3) section…

Sec. 3. (a) The following have standing to obtain judicial review of an agency action: (1) A person to whom the final agency action is specifically directed. (2) A person who was a party to the proceedings of the ultimate authority that led to the final agency action, including t…

Sec. 4. (a) A person may file a petition for judicial review under this chapter only after exhausting all administrative remedies available within the agency whose action is being challenged and within any other agency authorized to exercise administrative review. (b) A person wh…

Sec. 5. Except as otherwise provided, a petition for review is timely only if it is filed within thirty (30) days after the date that notice of the agency action that is the subject of the petition for judicial review was served. As added by P.L.18-1986, SEC.1.

Sec. 6. (a) Venue is in the judicial district where: (1) the petitioner resides or maintains a principal place of business; (2) the agency action is to be carried out or enforced; or (3) the principal office of the agency taking the agency action is located. (b) If more than one …

Sec. 7. (a) A petition for review must be filed with the clerk of the court. (b) A petition for review must be verified and set forth the following: (1) The name and mailing address of the petitioner. (2) The name and mailing address of the agency whose action is at issue. (3) Id…

Sec. 8. (a) A petitioner for judicial review shall serve a copy of the petition upon: (1) the ultimate authority issuing the order; (2) the ultimate authority for each other agency exercising administrative review of the order; (3) the attorney general; and (4) each party to the …

Sec. 9. (a) If a petition for judicial review concerns a matter other than an assessment or determination of tax due or claimed to be due the state, and the law concerning the agency whose order is being reviewed does not preclude a stay of the order by the court, the person seek…

Sec. 1. This compact is made and entered into this 21st day of January, 2021, by and between the POKAGON BAND OF POTAWATOMI INDIANS (hereinafter referred to as "Band" throughout IC 4-29.5) and the STATE OF INDIANA (hereinafter referred to as "State" throughout IC 4-29.5). As adde…

Sec. 2. WHEREAS, the State of Indiana is a sovereign State of the United States of America, having been admitted to the Union pursuant to the Enabling Act of April 19, 1816, 14 Ch. 57, April 19, 1816, 3 Stat. 289, and is authorized by its constitution to enter into contracts and …

Sec. 3. NOW, THEREFORE, the Band and the State agree as follows in this article. As added by P.L.171-2021, SEC.1.

Sec. 1. The Band shall provide to any employee whose job duties involve the conduct of Class III gaming at any Gaming Facility pursuant to this Compact, benefits that are substantially equivalent to the benefits to which the employee would be entitled by virtue of the Indiana Emp…

Sec. 1. IC 35-45-5 does not apply to a person who conducts, participates in, or receives a prize in an allowable event. As added by P.L.58-2019, SEC.4.

Sec. 10. (a) For purposes of this section, the Indiana affiliates of a qualified organization holding an annual gaming license are not considered separate qualified organizations. (b) An individual may not be an operator for more than three (3) qualified organizations during a ca…

Sec. 11. (a) Except as provided in subsections (c) through (e), an operator or a worker may not directly or indirectly participate, other than in a capacity as an operator or a worker, in an allowable activity that the operator or worker is conducting. (b) A patron at a casino ga…

Sec. 12. The following rules apply when a patron at a casino game night deals the cards in a game of Texas hold'em poker or Omaha poker under section 11(b) of this chapter: (1) Patrons may take turns dealing, but a patron may not play in a hand for which the patron deals the card…

Sec. 13. To be an operator of a qualified organization: (1) an individual must be a member in good standing of the qualified organization for at least sixty (60) days; and (2) the operator's authority to serve as an operator for the qualified organization must have been acknowled…

Sec. 14. (a) Except as provided in: (1) section 8(c) of this chapter; and (2) subsection (c); a worker at an allowable event must be a member in good standing of the qualified organization that is conducting the allowable activity for at least thirty (30) days before the allowabl…

Sec. 15. (a) The prize for: (1) one (1) bingo game may not have a value of more than one thousand dollars ($1,000); and (2) a progressive bingo game may not have a value of more than two thousand dollars ($2,000). (b) Except as provided in subsection (c), the total prizes permitt…

Sec. 16. (a) The total prizes awarded for one (1) pull tab, punchboard, or tip board game may not exceed fifteen thousand dollars ($15,000). (b) A single prize awarded: (1) for one (1) winning ticket in a pull tab, punchboard, or tip board game may not exceed five hundred ninety-…

Sec. 16.5. (a) Electronic pull tab games must meet the following requirements: (1) Each electronic pull tab game must have a predetermined and finite number of winning and losing tickets. (2) Each electronic pull tab game series must have a predetermined prize structure and fixed…

Sec. 16.7. (a) Except as provided in subsection (b), the following organizations that are qualified organizations may have electronic pull tab devices: (1) A bona fide fraternal organization. (2) A bona fide veterans organization. (b) An organization described in subsection (a) m…

Sec. 17. (a) Except as provided in subsections (b), (c), and (e), the following persons may not play or participate in any manner in an allowable activity: (1) A member or an employee of the commission. (2) A person less than eighteen (18) years of age. (b) A member or employee o…

Sec. 18. An advertisement for an allowable activity in radio broadcast media must announce, within the advertisement, the name of the qualified organization conducting the allowable activity. As added by P.L.58-2019, SEC.4.

Sec. 19. (a) If a qualified organization is required to report a patron's gambling winnings to the Internal Revenue Service for federal income tax purposes, the winning patron shall provide the qualified organization with the information necessary to comply with all applicable st…

Sec. 2. A qualified organization may not contract or otherwise enter into an agreement with an individual, a corporation, a partnership, a limited liability company, or other association to conduct an allowable activity for the benefit of the organization. A qualified organizatio…

Sec. 20. (a) Except as provided in subsection (b), a qualified organization shall obtain licensed supplies from an entity licensed by the commission as a distributor. (b) Subsection (a) does not apply to a reusable licensed supply: (1) constructed, purchased, or otherwise obtaine…

Sec. 21. (a) A licensed distributor may obtain licensed supplies to be used in charity gaming only from an entity licensed by the commission as a manufacturer or distributor unless the supplies are obtained from a qualified organization if: (1) the qualified organization has ceas…

Sec. 22. The following apply to a qualified organization's use of a volunteer raffle ticket agent: (1) Before using volunteer ticket agents to sell tickets to an allowable activity, a qualified organization shall provide a list containing the following information to the commissi…

Sec. 23. (a) Subject to subsections (b) and (c), a qualified organization may accept credit cards at an allowable activity for the purchase of: (1) food and beverages; (2) merchandise; and (3) retail goods and services offered at a benefit auction. (b) Except as provided in subse…

Sec. 24. (a) A worker or operator conducting or assisting in the conduct of a casino game night must wear a legible identification card on the individual's clothing. (b) The identification card required under subsection (a) must include: (1) the person's first and last name; and …

Sec. 24.5. (a) An electronic raffle software system, web application, method, or process must be approved by the commission. (b) A qualified organization may use an electronic raffle software system, web application, method, or process approved by the commission to offer the purc…

Sec. 3. (a) All net proceeds from an allowable activity and related activities may be used for any lawful purpose of the qualified organization. (b) To determine the net proceeds from an allowable activity, a qualified organization shall subtract the following from the gross rece…

Sec. 4. (a) A qualified organization that receives at least ninety percent (90%) of the organization's total gross receipts from any activity under this article must donate sixty percent (60%) of its gross charitable gaming receipts less prize payout to a qualified recipient that…