Section 68IAC13-1-20. Penalties

   (a) The administrative law judge may impose penalties as outlined in Indiana Rules of Trial Procedure 26 through 37 and IC 4-21.5-3.

  (b) If a respondent fails to testify on the respondent's own behalf with respect to any question propounded to that person, the administrative law judge may infer therefrom that such testimony or answer would have been adverse to the case of the party refusing to testify.

  (c) If the respondent or the respondent's agent fails to answer a subpoena or refuses to testify fully at the request of the executive director or the executive director's designee, such failure may be deemed independent grounds for a finding that the:

(1) gaming device should have been seized and forfeited; or

(2) respondent should be disciplined.

The administrative law judge may also infer therefrom that such testimony would have been adverse to the respondent.

  (d) The unexcused failure of the respondent to appear at a hearing constitutes an admission of all matters and facts contained in the notice of a seizure and forfeiture action or a disciplinary action, or both. In such case, the administrative law judge may take action based upon such admission or upon any other evidence, including affidavits, without any further notice to the respondent. (Indiana Gaming Commission; 68 IAC 13-1-20; filed Dec 11, 1995, 4:30 p.m.: 19 IR 1041; readopted filed Nov 25, 2002, 10:11 a.m.: 26 IR 1261; filed Dec 15, 2008, 11:29 a.m.: 20090114-IR-068080430FRA; readopted filed Oct 2, 2015, 3:23 p.m.: 20151028-IR-068150249RFA)