Section 68IAC5-1-2. Procedure for approval of transfer

   (a) An applicant must complete and submit the appropriate forms prescribed by the commission.

  (b) Application procedures are 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) Any misrepresentation or omission made with respect to the application may be grounds for denial of the application.

(3) An applicant must submit the fully-executed original application for transfer of an ownership interest.

(4) An applicant must submit a completed Personal Disclosure Form 1 under 68 IAC 2-3-4(d) for each of the applicant's substantial owners, key persons, or other persons deemed necessary by this rule or by the commission 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) The commission will consider an application to be filed when the commission has received the completed application forms, including the following:

(A) Required documents, materials, and photographs.

(B) The application fee under section 3 of this rule.

The commission will not initiate a background investigation into the applicant until the commission receives a complete application.

(6) The applicant must file its completed application in the commission's office in Indianapolis, Indiana.

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

  (c) An applicant to receive an interest in a casino licensee or a casino license applicant must present evidence that it meets or possesses the standards, qualifications, or criteria under 68 IAC 2-1-5(c). The applicant bears the burden of proving its qualifications.

  (d) An applicant to receive an interest in a supplier licensee must present evidence that it meets or possesses the standards, qualifications, or criteria under 68 IAC 2-2. The applicant bears the burden of proving its qualifications.

  (e) The casino licensee, casino license applicant, or supplier licensee that is attempting to transfer an ownership interest to an applicant must submit any information that the commission deems necessary to ensure compliance with IC 4-33, IC 4-35, and this title. (Indiana Gaming Commission; 68 IAC 5-1-2; filed Dec 11, 1995, 4:30 p.m.: 19 IR 1030; readopted filed Nov 25, 2002, 10:11 a.m.: 26 IR 1261; readopted filed Nov 14, 2008, 12:51 p.m.: 20081210-IR-068080730RFA; filed Dec 6, 2012, 2:32 p.m.: 20130102-IR-068110786FRA)