Section 68IAC2-1-4. Applications

   (a) An applicant for a casino owner's license must complete and submit the appropriate forms prescribed by the commission.

  (b) Application procedures shall be as follows:

(1) An applicant is seeking a privilege and assumes and accepts any and all risk of adverse publicity, notoriety, embarrassment, criticism, or other action or financial loss that may occur in connection with the application process or the public disclosure of information requested. The applicant expressly waives any claim for damages that may result from the application process.

(2) A misrepresentation or omission made with respect to an application may be grounds for denial of the application.

(3) An applicant must submit a fully-executed original of Parts I and II of the casino owner's license application.

(4) An applicant must submit a Personal Disclosure Form 1 for a substantial owner, key person, or other person that the commission deems necessary to allow the commission to ensure that the applicant meets the statutory criteria for licensure set forth in IC 4-33, IC 4-35, and this title.

(5) An application is deemed filed when the commission has received the completed application forms, including the information that the commission has required.

(6) The completed applications must be filed as follows:

(A) In the commission's office in Indianapolis, Indiana.

(B) Prior to the expiration of appropriate deadlines established and published by the commission.

(7) An applicant is under a continuing duty to disclose any changes in the information submitted to the commission.

(8) An applicant may make only clerical corrections to the application after the deadline date for filing Part II of the casino owner's license application has passed. After that date, the applicant must submit a request to the commission to make a substantive amendment along with the exact substantive amendment. The commission shall then determine whether the proposed substantive amendment will be allowed.

  (c) If applicable, requirements for dock site and navigable waterway shall be as follows:

(1) An applicant must specify the following:

(A) The dock at which the riverboat will be based.

(B) The navigable waterway upon which the riverboat will operate.

(2) An applicant who specified a dock site in a county or city in which the referendum passed shall not amend the application to specify a dock site in a different city or county.

(3) An applicant who specified a dock site in a county or city in which the referendum was defeated may amend its application on one (1) occasion to specify a dock site in a county or city where the referendum was successful or in which a referendum has not been held. An applicant must submit a nonrefundable fee of ten thousand dollars ($10,000) to amend its dock site. The amendment must be submitted before the deadline for filing Part I of the application for the city or county the applicant seeks to specify as a home dock site has expired.

  (d) An applicant that changes from one (1) form of legal entity to another form of legal entity is a new applicant. To effectuate a change in the form of legal entity, the applicant must submit the following:

(1) A new Part I of the application prior to the expiration of the appropriate deadline.

(2) An additional nonrefundable fifty thousand dollar ($50,000) application fee under section 2 of this rule.

  (e) An application for a casino owner's license may not be withdrawn without leave of the commission. (Indiana Gaming Commission; 68 IAC 2-1-4; filed Nov 10, 1994, 11:00 a.m.: 18 IR 483; filed Dec 11, 1995, 4:30 p.m.: 19 IR 1019; readopted filed Oct 15, 2001, 4:34 p.m.: 25 IR 898; readopted filed Sep 14, 2007, 1:40 p.m.: 20071003-IR-068070354RFA; filed Dec 6, 2012, 2:32 p.m.: 20130102-IR-068110786FRA; readopted filed Nov 26, 2013, 3:58 p.m.: 20131225-IR-068130354RFA)