20090715-IR-068090361PRA Amends 68 IAC 7-1-10 to comply with IC 4-21.5-3-14(c) placing the burden of proof in administrative proceedings on the Indiana Gaming Commission. Makes numerous technical changes. Effective 30 days a...

TITLE 68 INDIANA GAMING COMMISSION

Proposed Rule LSA Document #09-361

DIGEST

Amends 68 IAC 7-1-10 to comply with IC 4-21.5-3-14(c) placing the burden of proof in administrative proceedings on the Indiana Gaming Commission. Makes numerous technical changes. Effective 30 days after filing with the Publisher.

68 IAC 7-1-10

SECTION 1. 68 IAC 7-1-10 IS AMENDED TO READ AS FOLLOWS:

68 IAC 7-1-10 Proceedings

Authority: IC 4-33-4; IC 4-35-4

Affected: IC 4-21.5-3; IC 4-33; IC 4-35

Sec. 10. (a) The burden of proof is at all times on the petitioner. The petitioner shall have the affirmative responsibility of establishing by a preponderance of the evidence that:

(1) the petitioner should have been awarded a license;

(2) the license should have been renewed;

(3) the transfer of ownership should have been approved; or

(4) the petitioner should not have been placed on the exclusion list.

(b) Any testimony shall be given under oath or affirmation. (a) The hearing officer or recorder shall be administrative law judge is authorized to administer oaths.

(c) (b) Both parties may present an opening statement on the merits. The petitioner commission proceeds first, followed by the respondent. petitioner. The respondent petitioner may not reserve the opening statement for a later time. The hearing officer administrative law judge may determine the length of time each party is permitted for the presentation of an opening statement. statements.

(d) (c) The petitioner shall commission must then present the petitioner's commission's case-in-chief.

(e) (d) Upon conclusion of the petitioner's commission's case-in-chief, the respondent petitioner may move for a directed finding. The hearing officer administrative law judge may:

(1) hear arguments on the motion; or may

(2) grant, deny, or reserve any decision thereon, with or without argument.

(f) (e) If:

(1) no motion for directed finding is made; or if such

(2) the motion is denied or decision reserved thereon;

the respondent petitioner may present its case.

(g) (f) Each party may conduct cross-examination of adverse witnesses.

(h) (g) Upon conclusion of the respondent's petitioner's case, the petitioner commission may present evidence in rebuttal.

(i) (h) The hearing officer administrative law judge may:

(1) ask questions of the witnesses; and may

(2) request or allow additional evidence at any time, including additional rebuttal evidence.

(j) (i) Both parties may present a closing argument. The petitioner commission proceeds first, then the respondent, petitioner, and, thereafter, the petitioner commission may present rebuttal argument. The hearing officer administrative law judge may determine the length of time each party is permitted for the presentation of closing argument. arguments.

(k) (j) The hearing officer administrative law judge may require or allow the parties to submit posthearing briefs, proposed findings of fact and conclusions of law, or both, within:

(1) ten (10) days of the conclusion of the hearing; or within

(2) such other time period the hearing officer administrative law judge might order.

(Indiana Gaming Commission; 68 IAC 7-1-10; filed Nov 10, 1994, 11:00 a.m.: 18 IR 510; filed Apr 19, 1996, 3:00 p.m.: 19 IR 2251; readopted filed Oct 15, 2001, 4:34 p.m.: 25 IR 898; readopted filed Sep 14, 2007, 1:40 p.m.: 20071003-IR-068070354RFA)

Posted: 07/15/2009 by Legislative Services Agency

DIN: 20090715-IR-068090361PRA

Composed: Nov 01,2016 12:41:08AM EDT

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