Section 65IAC3-3-1. Eligibility

   (a) The commission shall not issue a certificate of authority to any person:

(1) prohibited from becoming a retailer under IC 4-30-9-3, except that the requirement found in IC 4-30-9-3(1) applies only to a natural person or sole proprietor;

(2) not registered or duly qualified to do business in Indiana;

(3) who is a director, officer, or employee of a major procurement vendor;

(4) related to any employee or member of the commission as husband, wife, or child; or

(5) who is a corporation, partnership, or limited partnership that has an officer, member, director, or partner that is related to any employee or member of the commission in any capacity set forth in subdivision (4).

  (b) The commission shall make all determinations regarding the matters set forth in IC 4-30-9-3(4)(B) or IC 4-30-9-3(4)(C). The director or the director's designee may make a final determination on all other matters regarding eligibility or selection of an applicant to become a retailer and the issuance or renewal of a certificate of authority. (State Lottery Commission; 65 IAC 3-3-1; emergency rule filed Sep 5, 1989, 3:20 p.m.: 13 IR 97; emergency rule filed Jan 24, 1990, 4:00 p.m.: 13 IR 1068; emergency rule filed May 4, 1990, 4:35 p.m.: 13 IR 1725; readopted filed Nov 30, 2001, 11:02 a.m.: 25 IR 1268; readopted filed Nov 14, 2007, 3:02 p.m.: 20071212-IR-065070656RFA; emergency rule filed Dec 18, 2009, 10:05 a.m.: 20091230-IR-065090989ERA; emergency rule filed Jul 29, 2010, 3:51 p.m.: 20100804-IR-065100492ERA)