Indiana § 4-33-8-11 - Convicted felons; rehabilitation; waiver

§ 4-33-8-11. Convicted felons; rehabilitation; waiver

Sec. 11. (a) An individual who is disqualified under section 3(2) of this chapter due to a conviction for a felony may apply to the commission for a waiver of the requirements of section 3(2) of this chapter.

(b) The commission may waive the requirements of section 3(2) of this chapter with respect to an individual applying for an occupational license if:

(1) the individual qualifies for a waiver under subsection (e) or (f); and

(2) the commission determines that the individual has demonstrated by clear and convincing evidence the individual's rehabilitation.

(c) In determining whether the individual applying for the occupational license has demonstrated rehabilitation under subsection (b), the commission shall consider the following factors:

(1) The nature and duties of the position applied for by the individual.

(2) The nature and seriousness of the offense or conduct.

(3) The circumstances under which the offense or conduct occurred.

(4) The date of the offense or conduct.

(5) The age of the individual when the offense or conduct was committed.

(6) Whether the offense or conduct was an isolated or a repeated incident.

(7) A social condition that may have contributed to the offense or conduct.

(8) Evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational education, successful participation in a correctional work release program, or the recommendation of a person who has or has had the individual under the person's supervision.

(9) The complete criminal record of the individual.

(10) The prospective employer's written statement that:

(A) the employer has been advised of all of the facts and circumstances of the individual's criminal record; and

(B) after having considered the facts and circumstances, the prospective employer will hire the individual if the commission grants a waiver of the requirements of section 3(2) of this chapter.

(d) The commission may not waive the requirements of section 3(2) of this chapter for an individual who has been convicted of committing any of the following:

(1) A felony in violation of federal law (as classified in 18 U.S.C. 3559).

(2) A felony of fraud, deceit, or misrepresentation.

(3) A felony of gambling under IC 35-45-5 or IC 35-45-6.

(e) The commission may waive the requirements of section 3(2) of this chapter for an individual if:

(1) the individual has been convicted of committing:

(A) a felony described in IC 35-42 against another human being or a felony described in IC 35-48-4; or

(B) a felony that results in bodily injury, serious bodily injury, or death to another human being; and

(2) ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later, for the conviction described in subdivision (1).

(f) The commission may waive the requirements of section 3(2) of this chapter for an individual if:

(1) the individual has been convicted in Indiana or any other jurisdiction of committing a felony not described in subsection (d) or (e); and

(2) five (5) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later, for the conviction described in subdivision (1).

(g) To enable a prospective employer to determine, for purposes of subsection (c)(10), whether the prospective employer has been advised of all of the facts and circumstances of the individual's criminal record, the commission shall notify the prospective employer of all information that the commission:

(1) has obtained concerning the individual; and

(2) is authorized to release under IC 5-14.

(h) The commission shall deny the individual's request to waive the requirements of section 3(2) of this chapter if the individual fails to disclose to both the commission and the prospective employer all information relevant to this section.

As added by P.L.277-1993(ss), SEC.124. Amended by P.L.29-1996, SEC.1; P.L.142-2020, SEC.4.

IC 4-33-8.5Chapter 8.5. Suspension, Probation, and Denial of Licenses for Failure to Pay Child Support

4-33-8.5-1Inapplicability of IC 4-33-11-1 4-33-8.5-2Duties of commission upon receipt of support order; reinstatement 4-33-8.5-3Notice of probationary status for failure to pay child support; suspension; reinstatement 4-33-8.5-4Sanctions and penalties for failure to withhold delinquent child support; immunity from liability 4-33-8.5-5Sanctions and penalties for failure to withhold delinquent child support

IC 4-33-8.5-1Inapplicability of IC 4-33-11-1 Sec. 1. IC 4-33-11-1 does not apply to this chapter.

As added by P.L.23-1996, SEC.9.

IC 4-33-8.5-2Duties of commission upon receipt of support order; reinstatement Sec. 2. (a) Upon receiving an order of a court issued under IC 31-16-12-9 (or IC 31-1-11.5-13(l), IC 31-6-6.1-16(l), or IC 31-14-12-6 before their repeal) the commission shall:

(1) suspend a license issued under this article to a person who is the subject of the order; and

(2) promptly mail a notice to the last known address of the person who is the subject of the order, stating the following:

(A) That the person's license is suspended beginning five (5) business days after the date the notice is mailed, and that the suspension will terminate not earlier than ten (10) business days after the commission receives an order allowing reinstatement from the court that issued the suspension order.

(B) That the person has the right to petition for reinstatement of a license issued under this chapter to the court that issued the order for suspension.

(b) The commission shall not reinstate a license suspended under subsection (a) until the commission receives an order allowing reinstatement from the court that issued the order for suspension.

As added by P.L.23-1996, SEC.9. Amended by P.L.1-1997, SEC.27; P.L.207-2013, SEC.3.

IC 4-33-8.5-3Notice of probationary status for failure to pay child support; suspension; reinstatement Sec. 3. (a) Upon receiving an order from the bureau (Title IV-D agency) under IC 31-25-4-32(h) or IC 31-25-4-34(c), the commission shall place on probationary status any license issued under this article and held by the person who is the subject of the order. The commission shall send the person a notice that does the following:

(1) States that the person's license has been placed on probationary status.

(2) States that the person's license will be suspended if the commission has not received notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the date of the notice.

(3) Describes the amount of child support that the person is in arrears.

(4) Explains the procedures to:

(A) pay the person's child support arrearage in full; and

(B) establish a payment plan with the bureau to pay the arrearage, which must include an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5.

(b) If the commission has not received notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the date of the notice in subsection (a), the commission shall suspend the license issued to the person under this article.

(c) The commission may not reinstate a license placed on probationary status or suspended under this section until the commission receives a notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) that the person has addressed the delinquency.

As added by P.L.23-1996, SEC.9. Amended by P.L.1-1997, SEC.28; P.L.145-2006, SEC.9; P.L.103-2007, SEC.2; P.L.150-2018, SEC.2.

IC 4-33-8.5-4Sanctions and penalties for failure to withhold delinquent child support; immunity from liability Sec. 4. (a) A licensed owner, operating agent, or trustee that fails to comply with IC 4-33-4-27 is subject to penalties and sanctions established by the commission under section 5 of this chapter.

(b) A licensed owner, operating agent, or trustee that makes a payment of cash winnings to an obligor in violation of IC 4-33-4-27 is not liable to a person to whom the obligor owes child support.

(c) A licensed owner, operating agent, or trustee is immune from civil and criminal liability for acting in compliance with IC 4-33-4-27.

As added by P.L.80-2010, SEC.2.

IC 4-33-8.5-5Sanctions and penalties for failure to withhold delinquent child support Sec. 5. (a) A licensed owner, operating agent, or trustee that personally or through the act or omission of an employee, independent contractor, agent, or representative fails to withhold delinquent child support from the cash winnings of an obligor as required under IC 4-33-4-27 is subject to sanctions and penalties established by the commission under this section.

(b) The commission may adopt rules under IC 4-22-2 to establish penalties and sanctions for any licensed owner, operating agent, or trustee who fails to withhold delinquent child support from cash winnings as required by IC 4-33-4-27.

As added by P.L.80-2010, SEC.3.

IC 4-33-9Chapter 9. Gambling Operations

4-33-9-1Approved gambling locations 4-33-9-2Repealed 4-33-9-3Cruises; duration 4-33-9-4Minimum and maximum wagers 4-33-9-5Inspection of riverboats 4-33-9-6Stopping riverboat for law enforcement officer, conservation officer, or commission agent 4-33-9-7Presence of commission employees and conservation officers on riverboats or facilities 4-33-9-8Gambling equipment and supplies; purchase or lease 4-33-9-9Permitted forms of wagering 4-33-9-10Presence required for wagering 4-33-9-10.5Card tournaments in approved facilities 4-33-9-11Negotiable currency; wagering prohibited 4-33-9-12Persons under 21 years of age; presence in gambling area 4-33-9-13Persons under 21 years of age; wagering prohibited 4-33-9-14Navigability of waterways 4-33-9-15Acquisition of tokens, chips, or electronic cards 4-33-9-16Tokens, chips, or electronic cards; use 4-33-9-17Approval of limited mobile gaming systems