Section 10IAC6-4-4. Criteria for attorney general requiring calendar quarter deposits and certifications

   The attorney general may require a nonparticipating manufacturer to make calendar quarter escrow deposits and certifications under this rule if the nonparticipating manufacturer meets any of the following criteria:

(1) Has not previously established and funded a qualified escrow fund in Indiana.

(2) Has not made any escrow deposits for more than one (1) year.

(3) Has failed to make a timely or complete, or both, escrow deposit for any prior calendar year.

(4) Has failed to pay any judgment obtained in any jurisdiction, including for a civil penalty, under a comparable escrow statute.

(5) Has sold more than two million (2,000,000) cigarettes in Indiana in a calendar quarter.

(6) The attorney general has reasonable cause to believe will not make its full escrow deposit by April 15 of the year following the sales year.

(Office of Attorney General for the State; 10 IAC 6-4-4; filed Jan 24, 2011, 10:12 a.m.: 20110223-IR-010100106FRA)