Indiana Administrative Code
Title 68 - INDIANA GAMING COMMISSION
Article 1 - GENERAL PROVISIONS
Rule 2 - General Procedures
Section 2-10 - Consideration of late applications
Universal Citation: 68 IN Admin Code 2-10
Current through September 18, 2024
Authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3
Affected: IC 4-33
Sec. 10.
(a) An application, including any request for action to be taken by the commission on an application, which is submitted for filing after a deadline established by the commission may be considered if any of the following occurs:
(1) The executive director determines the
following:
(A) That both of the following
conditions exist:
(i) No other applicant or
interested person would be unfairly prejudiced by the delayed submission of the
application.
(ii) The commission
has not taken substantive action with respect to any application submitted
prior to the deadline.
(B) That at least one (1) of the following
conditions is present:
(i) The failure to file
the application prior to the expiration of the deadline was caused by the
action or inaction of a third party which relates to the method or timing of
the delivery of the application to the commission.
(ii) The circumstances surrounding the method
or timing of the delivery of the application indicate that in the normal course
of events the application should have been received by the commission prior to
the expiration of the deadline.
(iii) Prior to the expiration of the
deadline, the applicant reasonably believed that delivery of the application
would occur prior to expiration of the deadline.
(2) The executive director determines that
the failure to file the application prior to the expiration of the deadline was
caused in whole or in part by incorrect or misleading information or
instructions provided by an employee or agent of the commission and that the
applicant acted reasonably in relying on such information or instructions
taking into consideration the nature of the information or instructions and the
identity of the individual providing the information or instructions.
(3) The commission acts to establish a new
deadline applicable to all persons to which the original deadline was
applicable.
(4) The commission
determines that consideration of the application is necessary to prevent
manifest injustice.
(b) The commission must, at a meeting held under section 5 of this rule, approve acceptance of the late application or take the other action requested on the application.
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