2010 Indiana Code
TITLE 7.1. ALCOHOL AND TOBACCO
ARTICLE 3. PERMITS
CHAPTER 23. DENIAL, SUSPENSION, AND REVOCATION OF PERMITS
IC 7.1-3-23
Chapter 23. Denial, Suspension, and Revocation of Permits
IC 7.1-3-23-1
No right to compel issuance
Sec. 1. No Right to Compel Issuance. An applicant for a permit of
any type authorized by this title shall have no right to compel the
issuance of a permit to him unless otherwise provided in this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-2
Fine, suspension, and revocation
Sec. 2. (a) The commission may:
(1) fine or suspend or revoke the permit of; or
(2) fine and suspend or revoke the permit of;
a permittee for the violation of a provision of this title or of a rule or
regulation of the commission. The commission may fine a permittee
for each day the violation continues if the violation is of a continuing
nature.
(b) The commission shall revoke the permit of a permittee for the
violation of IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4. A finding
that a permittee has violated IC 35-45-5-3, IC 35-45-5-3.5, or
IC 35-45-5-4 must be supported by a preponderance of the evidence.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.227-2007,
SEC.62; P.L.3-2008, SEC.69.
IC 7.1-3-23-3
Maximum penalties
Sec. 3. The commission, pursuant to section 2 of this chapter, may
impose upon a permittee the following civil penalties:
(1) An amount of not more than four thousand dollars ($4,000)
for each violation if the permittee is a brewer or distiller.
(2) An amount of not more than two thousand dollars ($2,000)
for each violation if the permittee is a wholesaler of any type.
(3) An amount of not more than one thousand dollars ($1,000)
for each violation if the permittee is the holder of a permit of a
type not listed in subdivision (1) or (2).
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.32-1988,
SEC.3.
IC 7.1-3-23-4
Additional fine
Sec. 4. Additional Fine. The commission, if a fine imposed
pursuant to IC 1971, 7.1-3-23-2, is not paid according to the order of
commission, may suspend or add to the period of suspension of a
permit in the following increments:
(a) A period of one (1) day for each one hundred dollars ($100)
remaining unpaid if the permittee is a brewer or distiller;
(b) A period of one (1) day for each fifty dollars ($50) remaining
unpaid if the permittee is a wholesaler of any type; and,
(c) A period of one (1) day for each twenty-five dollars ($25)
remaining unpaid if the permittee is the holder of a permit of a type
not listed in (a) or (b) of this section.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-5
Revocation of permits
Sec. 5. The commission shall revoke a permit of any type only on
account of the violation of, or refusal to comply with, a provision of
this title or of a rule or regulation of the commission, or on account
of a violation of IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4. A
finding that a permittee has violated IC 35-45-5-3, IC 35-45-5-3.5, or
IC 35-45-5-4 must be supported by a preponderance of the evidence.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.227-2007,
SEC.63.
IC 7.1-3-23-6
Revocation of permits; procedure
Sec. 6. Revocation of Permits: Procedure. The commission shall
give at least ten (10) days notice to the holder of the permit proposed
to be revoked. The notice shall inform the holder of the time and
place of the hearing to be held in regard to the proposed revocation.
Unless otherwise provided in this title, all further procedures with
reference to the revocation of a permit shall be prescribed by rule and
regulation of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-7
Suspension; general rule
Sec. 7. (a) Except as provided in subsection (b), the commission,
after notice and hearing, and for cause other than that expressly
provided in this title, may suspend a permit to manufacture, transport
or sell alcoholic beverages for not longer than thirty (30) days for the
violation of a provision of this title, or for the failure or the refusal
to comply with a rule or regulation of the commission.
(b) This subsection applies to an individual charged with a Class
B misdemeanor for violating IC 7.1-5-10-15(a). Upon receiving
notice of charges filed under IC 7.1-5-10-15(a), the commission:
(1) shall hold a hearing under section 6 of this chapter; and
(2) may suspend the permit of the individual charged with the
violation until disposition of the charges.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.125-2000,
SEC.3.
IC 7.1-3-23-8
Procedure applicable
Sec. 8. A proceeding before the commission which could result in
the revocation or suspension in excess of three (3) days of the permit
of a permittee authorized to sell alcoholic beverages at retail shall be
conducted in the manner prescribed in section 6 of this chapter.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.100-1983,
SEC.2; P.L.7-1987, SEC.8.
IC 7.1-3-23-9
Judicial review
Sec. 9. Whenever the permit of a permittee authorized to sell
alcoholic beverages at retail is revoked or suspended in excess of
three (3) days by action of the commission, the aggrieved permittee
may seek judicial review of the action by following IC 4-21.5-5,
except that the action for judicial review shall be filed in the circuit
or superior court having jurisdiction in the county in which the
licensed premises are located.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.100-1983,
SEC.3; P.L.7-1987, SEC.9.
IC 7.1-3-23-10
Repealed
(Repealed by P.L.100-1983, SEC.8.)
IC 7.1-3-23-11
Nonrenewal; judicial review available
Sec. 11. Whenever an application for the renewal of a permit to
sell alcoholic beverages at retail, except a temporary beer or wine
permit, is denied by the commission, the applicant may seek judicial
review of that action by following IC 4-21.5-5, except that the action
for judicial review shall be filed in the circuit or superior court
having jurisdiction in the county in which the licensed premises are
located. However, this section shall not apply to a denial of a transfer
of a permit to either another holder or location, or both.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.59, SEC.6.) As
amended by P.L.7-1987, SEC.10.
IC 7.1-3-23-12
Cessation of qualifications
Sec. 12. Cessation of Qualifications. The commission may revoke
the permit of a permittee if he at any time ceases to possess any of
the qualifications, including the alteration or cessation of the
particular business or type of business then engaged in, which
qualifies him to hold that permit, required for the issuance of that
particular type of permit under this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-13
Location of premises
Sec. 13. Location of Premises. The commission may void a permit
issued upon an application not fully disclosing the true facts in
respect to the location of the premises for which the permit applied
for is to be applicable.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-14
Revocation for refusal to allow examination
Sec. 14. Revocation for Refusal to Allow Examination. The
commission shall revoke the permit of a person, or refuse to issue a
permit to a person, who refuses to permit the lawful examination of
his books, papers, and records, or the investigation and examination
of his premises by the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-15
Repealed
(Repealed by P.L.250-2003, SEC.18.)
IC 7.1-3-23-16
Revocation upon conviction
Sec. 16. The commission may revoke a wholesaler's, retailer's, or
dealer's permit of any type after final judgment of conviction for an
offense defined in this title. The commission may revoke the permit
of a wholesaler, retailer, or dealer upon a second violation of a
provision of this title whether a judgment of conviction ensues or
not.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.250-2003,
SEC.12.
IC 7.1-3-23-17
Revocation for possession of wagering stamps
Sec. 17. Revocation for Possession of Wagering Stamp. The
commission shall revoke the permit of a retail permittee who
purchases, holds, or has in his possession a wagering occupational
tax stamp issued by the United States internal revenue authorities.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-18
Revocation for illegal influence
Sec. 18. Revocation for Illegal Influence. The commission shall
deny the application, or revoke the permit, of an applicant or
permittee who violates the provisions of IC 1971, 7.1-5-5-1.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-19
Revocation for allowing minor on premises
Sec. 19. Revocation for Allowing Minor on Premises. The
commission shall revoke the permit of a person who violates a
provision of IC 1971, 7.1-5-7-14, and that person shall be ineligible
to obtain another permit thereafter.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-20
Revocation for false information of interested parties
Sec. 20. The commission shall deny the application, or revoke the
permit, of a person who:
(1) includes on the list of interested parties required to be filed
by IC 7.1-3-21-8, a:
(A) fictitious name; or
(B) a person disqualified under this title from having an
interest in an alcoholic beverage permit; or
(2) omits from the list the name of a person whose name should
be on it.
The commission shall take the same action if the applicant or
permittee fails to keep the list current as required by that section.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,
SEC.40.
IC 7.1-3-23-21
Revocation upon petition
Sec. 21. Revocation upon Petition. The commission shall revoke
the permit of a retail permittee upon the petition of sixty-six per cent
(66%) of the registered voters of a township or precinct stating that
the permittee within that township or precinct has been convicted,
either before a court or the commission, of a violation of a provision
of this title. However, this section shall not apply to the permit of a
bona fide fraternal club.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-22
Contents of petition
Sec. 22. Contents of Petition. The petition authorized by IC 1971,
7.1-3-23-21, shall be addressed to the commission and shall specify
the name and business address of the permittee against whom the
petition is directed. The petition shall bear on each page the name
and address of the circulator of the petition, who shall be a registered
voter in the particular township or precinct, together with the
notorized attestation of the circulator that the signatures obtained on
the petition were obtained only after a full and clear explanation of
the purpose of the petition. The petition also shall bear the
certification of the clerk of the circuit court of the county in which
the township or precinct is located attesting that the signatures on the
petition are those of duly registered voters of the particular township
or precinct together with a statement by the clerk as to the total vote
cast in that township or precinct for the office of secretary of state in
the last preceding general election for that office.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-23
Revocation for prohibited interest; beer
Sec. 23. (a) This section applies to a brewer that manufactures
more than twenty thousand (20,000) barrels of beer in a calendar
year.
(b) The commission shall revoke the permit of a brewer or beer
wholesaler who holds an interest in another permit in violation of
IC 7.1-5-9-3.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.88-1993,
SEC.4.
IC 7.1-3-23-24
Revocation for prohibited interest; liquor
Sec. 24. Revocation for Prohibited Interest. The commission shall
revoke the permit of a distiller, rectifier, or liquor wholesaler who
holds an interest in another permit in violation of IC 1971, 7.1-5-9-6.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-25
Revocation for violation of agreement
Sec. 25. Revocation for Violation of Agreement. The commission,
after notice and hearing, may suspend for no more than thirty (30)
days, or revoke, an agreement and bond filed pursuant to IC 1971,
7.1-3-2-4, and 7.1-3-2-5, if the principal violates his agreement with
the commission. The commission also may take action on the bond
if it revokes the agreement. A principal whose agreement and bond
is suspended or revoked by the commission may seek judicial review
of that action as provided in this chapter.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-26
Repealed
(Repealed by P.L.100-1983, SEC.8.)
IC 7.1-3-23-26.1
Violations related to minors and alcohol server training;
revocation or suspension of permit; fines; written findings and
conclusions
Sec. 26.1. (a) A retailer permittee or dealer permittee who violates
IC 7.1-3-1.5-13, IC 7.1-5-7-4, or IC 7.1-5-7-8 through IC 7.1-5-7-13
may be fined, have the permittee's permit suspended, or be fined and
have the permittee's permit suspended, as determined by the
commission; however, if the penalty imposed by the commission
exceeds a fine and three (3) day suspension, the commission must
issue written findings of fact and conclusions which show the
necessity of the penalty. If the retailer or dealer permittee commits
a subsequent violation of the provisions listed in this subsection
within twelve (12) months of the first violation, the commission may
fine the permittee, fine the permittee and suspend the permittee's
permit, or revoke the permittee's permit; however, if the penalty
exceeds a fine and suspension of more than fifteen (15) days, the
commission must issue written findings of fact and conclusions
which show the necessity of the penalty.
(b) The holder of an employee permit who violates IC 7.1-5-7-4
or IC 7.1-5-7-8 through IC 7.1-5-7-13 may be fined, have the
permittee's permit suspended, be both fined and have the permittee's
permit suspended, or have the permittee's permit revoked, as
determined by the commission.
As added by P.L.100-1983, SEC.4. Amended by P.L.161-2005,
SEC.2.
IC 7.1-3-23-27
Revocation for violation of order
Sec. 27. Revocation for Violation of Order. The commission may
revoke the permit of a permittee for the violation of an order entered
by it pursuant to IC 1971, 7.1-2-7. A revocation under this section
may be made after not less than ten (10) days' notice to the permittee.
The notice shall inform the permittee of the time and place of the
hearing to be held in regard to the proposed revocation. The further
procedure in regard to a revocation under this section shall be
prescribed in the rules and regulations of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-28
Revocation for violation of injunction
Sec. 28. Revocation Re Violation of Injunction. The commission
may suspend or revoke the permit of a permittee if the court finds
that the permittee has violated any of the provisions of an injunction
issued by it under the provisions of IC 1971, 7.1-3-3-17.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-29
Revocation for taxes and bonds
Sec. 29. Revocation Re Taxes and Bonds. The commission may
revoke the permit of a manufacturer or wholesaler of alcoholic
beverages for the failure to pay the taxes when required to do so by
this title, or for the failure to keep in force the bond required of the
applicant for his particular permit. The action of the commission in
these matters shall be final.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-30
Denial of wholesalers' permit
Sec. 30. Denial of Wholesalers' Permit. The commission shall not
deny, fail to renew, or revoke a wholesaler's permit of any type on
arbitrary, capricious, or political grounds.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-31
Appeal by applicant for wholesalers' permit
Sec. 31. An applicant aggrieved by the action of the commission
in denying, failing to renew, or revoking, a wholesaler's permit of
any type, contrary to the provisions of IC 7.1-3-23-30, shall have the
right to secure a review of that determination by petition to the
superior court of Marion County under the same conditions and in
the same manner and mode of procedure as provided in this chapter
for other appeals. The court shall, from the evidence presented,
determine if the applicant has been denied a permit or renewal, or
has had his permit revoked, on arbitrary, capricious, or political
grounds and if the court determines that the permit or renewal was
improperly denied or revoked, the court shall issue a writ of mandate
ordering the commission to issue, renew, or reinstate the permit.
However, either party shall have the right of appeal from the
judgment of the superior court of Marion County as an appeal is
taken in a civil action.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.141-2007,
SEC.1.
IC 7.1-3-23-32
Notice to permittee in certain cases
Sec. 32. Notice to Permittee in Certain Cases. The commission
shall give notice of its proposed action to the applicant or permittee
if the commission determines not to issue or renew a manufacturer's
or wholesaler's permit, or if the commission determines to take action
to revoke or suspend a manufacturer's or wholesaler's permit after it
has been issued.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-33
Right to a public hearing
Sec. 33. Right to a Public Hearing. A person who receives a
notice given pursuant to IC 1971, 7.1-3-23-32, shall have the right to
a public hearing at the time and place fixed in the notice and he shall
be permitted to be heard and offer evidence. The evidence may be
written, in the form of affidavits, or parol. Unless the commission
provides a reporter to take and transcribe the parol evidence, the
notice shall inform the person that no reporter will be provided but
that he has the right to have a reporter present at his own expense.
The evidence, transcribed and verified by the reporter, or the written
evidence offered and accepted by the commission, or both, shall be
filed and become a part of the record of the proceedings.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-34
Final action of commission
Sec. 34. Final Action of Commission. The commission shall take
final action within ten (10) days after the hearing and enter an
appropriate order in the matter and shall notify the applicant, or
permittee, of its action by registered mail.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-35
Court review available
Sec. 35. Court Review Available. The applicant, or permittee,
within ten (10) days of the receipt of the commission's notice of final
action, may appeal to the circuit or superior court of Marion County,
from the final order of the commission denying, suspending, or
revoking his manufacturer's or wholesaler's permit of any type.
However, an applicant for the original issue or renewal of a
wholesaler's permit shall have the right to appeal to the superior
court of Marion County but not to the circuit court of Marion
County.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-36
Initiation of appeal
Sec. 36. Initiation of Appeal. The appeal shall be taken by the
applicant, or permittee, by filing written notice of his intention to
appeal from the final order of the commission to the appropriate
court, and by filing a bond with the commission in the penal sum of
one thousand dollars ($1,000), conditioned that he will prosecute his
appeal to effect, and will pay the costs of the proceedings upon
appeal, and that he will pay all necessary expenses incurred by the
commission as a result of the appeal if the order of the commission
is affirmed.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-37
Appeal bond
Sec. 37. Appeal Bond. The appeal bond filed with the commission
by an applicant, or permittee, shall be a corporate bond secured by
a surety company duly authorized to do business in Indiana, or by
freehold sureties, shown by verification or otherwise, to be worth in
unencumbered real estate located within the county of the applicant,
or permittee, appealing, over and above all indebtedness, twice the
amount of the bond.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-38
Transmission of record
Sec. 38. Transmission of Record. The commission, within ten (10)
days after the filing of the notice of appeal and the appeal bond with
the commission, shall transmit the papers, files, written evidence and
the transcript of the hearing, to the clerk of the court to which the
appeal is taken. The entire contents of the record transmitted by the
commission shall be duly verified by certificate of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-39
Stay of suspension or revocation; general rule
Sec. 39. Stay of Suspension or Revocation: General Rule. The
final order of revocation or suspension entered by the commission
shall be stayed for ten (10) days from the date of the final order
whenever a manufacturer's or wholesaler's permit of any type is
revoked or suspended for more than fifteen (15) days by order of the
commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-40
Stay pending appeal
Sec. 40. Stay Pending Appeal. The final order of suspension or
revocation shall be stayed, when the proper procedures for taking an
appeal have been complied with, until the appeal has been disposed
of finally, or until the appeal has been dismissed for lack of
prosecution.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-41
Trial
Sec. 41. Trial. The action shall be entered upon the civil docket of
the court to which the appeal is taken naming the appellant applicant,
or permittee, as plaintiff, and the commission as defendant. No
formal pleadings shall be required and the case shall be set for
hearing by the court, without a jury, as soon as possible. The cause
may be determined upon hearing upon the evidence offered before
the commission and as certified by the commission, or additional
evidence may be offered by either party. The court shall enter an
order, after the hearing, sustaining or setting aside the final order of
the commission. If the court sets aside an order of the commission
denying a permit, the court, in its order, shall direct the issuance of
the permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-42
Continued operations during stay
Sec. 42. Continued Operations During Stay. A permittee during
the period that the order of suspension or revocation is stayed under
IC 1971, 7.1-3-23-39, or 7.1-3-23-40, shall be fully authorized and
entitled to continue to do business under his permit as though his
permit had not been suspended or revoked and without being liable
in any manner, criminally or civilly, on the ground of operating his
business without a proper permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-23-43
Suspension of permit for failure to pay seller of permit
Sec. 43. (a) The commission may suspend the permit of a permit
holder if:
(1) the permit holder has not paid the person who sold the
permit to the permit holder in accordance with the terms of the
sale;
(2) the seller of the permit receives a judgment against the
permit holder in an action to obtain payment for the permit in
accordance with the terms of the sale; and
(3) the seller of the permit sends a certified copy of the
judgment to the commission.
(b) Before suspending a certificate under this section, the
commission shall provide written notice to the permit holder and
conduct a hearing. The commission shall provide written notice of
the suspension to the permit holder.
(c) If a person who sells a permit:
(1) sends a judgment to the commission under subsection (a);
and
(2) subsequently receives full payment of the judgment;
the seller shall notify the commission in a manner prescribed by the
commission that the seller has received full payment of the judgment
not later than ten (10) days after receiving the payment.
As added by P.L.224-2005, SEC.18.
IC 7.1-3-23-44
Employee's permit; support order; notice; probationary status;
appeal; reinstatement
Sec. 44. (a) As used in this section, "bureau"refers to the child
support bureau of the department of child services establish by
IC 31-25-3-1.
(b) As used in this section, "delinquent" has the meaning set forth
in IC 4-35-2-3.5.
(c) Upon receiving an order from the bureau (Title IV-D agency)
under IC 31-25-4-32(k), the commission shall send to the person who
is the subject of the order a notice that includes the following
information:
(1) The person is delinquent and subject to an order placing the
person on probationary status.
(2) That unless the person contacts the bureau and:
(A) pays the person's child support arrearage in full;
(B) establishes a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5; or
(C) requests a hearing under IC 31-25-4-33;
within twenty (20) days after the date the notice is mailed, the
commission shall place the person on probationary status with
respect to a permit issued to the person under
IC 7.1-3-18-9(a)(3).
(3) The person may contest the bureau's determination that the
person is delinquent and subject to an order placing the person
on probationary status by making written application to the
bureau within twenty (20) days after the date the notice is
mailed.
(4) The only basis for contesting the bureau's determination that
the person is delinquent and subject to an order placing the
person on probationary status is a mistake of fact.
(5) The procedures to:
(A) pay the person's child support arrearage in full;
(B) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5; and
(C) request a hearing under IC 31-25-4-33.
(6) The probation will end ten (10) business days after the date
that the commission receives a notice from the bureau that the
person has:
(A) paid the person's child support arrearage in full; or
(B) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(d) If the commission is advised by the bureau that the obligor
either requested a hearing and failed to appear or appeared and was
found to be delinquent, the commission shall send to the person who
is the subject of the order a notice that states the following:
(1) That a permit issued to the person under IC 7.1-3-18-9(a)(3)
has been placed on probationary status, beginning five (5)
business days after the date the notice is mailed, and that the
probation will end ten (10) business days after the date that the
commission receives a notice from the bureau that the person
has:
(A) paid the person's child support arrearage in full; or
(B) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(2) That if the commission is advised by the bureau that the
person whose permit has been placed on probationary status has
failed to:
(A) pay the person's child support arrearage in full; or
(B) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the date the notice is mailed, the
commission shall suspend the person's permit.
(e) If a person whose permit has been placed on probationary
status fails to:
(1) pay the person's child support arrearage in full; or
(2) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the notice required under subsection (c)
is mailed, the commission shall suspend the person's permit.
(f) The commission may not reinstate a permit placed on
probation or suspended under this section until the commission
receives a notice from the bureau that the person has:
(1) paid the person's child support arrearage in full; or
(2) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5.
As added by P.L.80-2010, SEC.10.
IC 7.1-3-23-45
Employee's permit; duties of commission upon receipt of support
order; notice; reinstatement
Sec. 45. (a) Upon receiving a court order issued under
IC 31-14-12-10 or IC 31-16-12-13, the commission shall:
(1) suspend the employee's permit of; or
(2) deny an employee's permit or the renewal of an employee's
permit to;
the person who is the subject of the order.
(b) Upon receiving a court order issued under IC 31-14-12-10 or
IC 31-16-12-13, the commission shall promptly mail a notice to the
last known address of the person who is the subject of the order that
states the following:
(1) That the:
(A) person's employee's permit has been suspended,
beginning five (5) business days after the date the notice is
mailed; and
(B) suspension will end ten (10) business days after the
commission receives an order from the court that ordered the
suspension authorizing reinstatement of the person's
employee's permit.
(2) That the person has the right to petition for reinstatement of
the employee's permit to the court that ordered the suspension.
(c) The commission may not reinstate an employee's permit
suspended under this section until the commission receives an order
from the court that ordered the suspension authorizing reinstatement
of the person's employee's permit.
As added by P.L.80-2010, SEC.11.
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