Section 68IAC6-1-11. Evidence justifying removal

   (a) The commission may grant a petition for removal from the exclusion list if the petitioner demonstrates by clear and convincing evidence that the petitioner's admission to Indiana casinos would likely not:

(1) threaten the honesty and integrity of gambling operations; or

(2) interfere with the orderly conduct of gambling operations.

  (b) In determining whether an individual has fulfilled subsection (a), the review officer and the commission may consider any or all of the following factors:

(1) The nature and seriousness of the offense, violation, or conduct.

(2) The circumstances under which the offense, violation, or conduct occurred.

(3) The date of the offense, violation, or conduct.

(4) The age of the petitioner when he or she committed the offense, violation, or conduct.

(5) Whether the offense, violation, or conduct was an isolated or a repeated incident.

(6) A social condition that may have contributed to the offense, violation, or conduct.

(7) The complete criminal record of the petitioner.

(8) Whether the petitioner's name is included on a valid and current exclusion list from another jurisdiction in the United States.

(9) Other evidence that the petitioner is not a threat, including, but not limited to:

(A) good conduct in prison or the community;

(B) counseling or psychiatric treatment received; or

(C) the recommendation of a person who has or has had the individual under the person's supervision.

  (c) If the petitioner has not fulfilled subsection (a), the review officer must recommend denial of the individual's petition for removal. (Indiana Gaming Commission; 68 IAC 6-1-11; filed Dec 15, 2008, 11:29 a.m.: 20090114-IR-068080430FRA; readopted filed Oct 2, 2015, 3:23 p.m.: 20151028-IR-068150249RFA)