Section 68IAC6-1-12. Transmittal of record and recommendation to the commission

   (a) The record of the review proceeding must consist of the following, if applicable:

(1) The order or orders constituting placement on the exclusion list.

(2) The petition for removal.

(3) Information, including the record of evidence and testimony, used by the commission, executive director, or executive director's designee in making the original determination to exclude petitioner.

(4) Evidence admitted by the review officer during the review proceeding.

(5) A statement of matters officially noticed.

(6) The written recommendations and findings of fact made by the review officer.

(7) An original transcription or audio recording of the oral proceedings.

(8) The record from any previous petition for removal from the exclusion list or related proceeding.

  (b) Oral proceedings must be recorded, at the direction of the review officer, stenographically or by such other means as to adequately ensure the preservation of such testimony or oral proceedings, and may be transcribed at the request of the petitioner or the commission. The requesting party must pay for the transcript at the prevailing rate. The original transcript, if prepared, must be filed with the commission. A party that did not order the original transcript may obtain a copy of the transcript after paying the cost of copying.

  (c) At the conclusion of the review, the review officer must issue written findings of fact and recommendations to the commission. Findings of fact may be based on any evidence in the record.

  (d) The commission must issue its order in one (1) of the following manners:

(1) The commission may issue an order by adopting or rejecting the written findings of fact and recommendations of the review officer without further review.

(2) The commission may:

(A) review the record of the petition for removal;

(B) render a written order following that review; and

(C) adopt the findings of fact and recommendations of the review officer as the final commission order after the review.

(3) The commission may:

(A) review the petition for removal from the exclusion list de novo; and

(B) render a written order following that review.

  (e) A copy of the final commission order must be served on petitioner by personal delivery or certified mail.

  (f) The final commission order is effective upon:

(1) personal delivery to the petitioner; or

(2) posting of certified mail.

(Indiana Gaming Commission; 68 IAC 6-1-12; filed Dec 15, 2008, 11:29 a.m.: 20090114-IR-068080430FRA; readopted filed Oct 2, 2015, 3:23 p.m.: 20151028-IR-068150249RFA)