Indiana Administrative Code
Title 71 - INDIANA HORSE RACING COMMISSION
Article 11 - PERMIT APPLICATION REQUIREMENTS AND CRITERIA
Rule 1 - Permit Application Requirements and Criteria
Section 1-17 - Delay in completion of racing facility
Current through September 18, 2024
Authority: IC 4-31-3-9
Affected: IC 4-31
Sec. 17.
(a) Failure of a permit holder to begin the type of racing authorized under the permit as specified by the commission by the date specified in the permit may, at the sole discretion of the commission, subject the permit holder to a late fee not to exceed fifteen thousand dollars ($15,000) for every day that racing is not conducted after the commencement date specified in the permit for racing to begin. However, this late fee shall not be required to be paid for any particular day if the permit holder can prove to the satisfaction of the commission that the delay arose out of causes beyond the control and without the fault or negligence of the permit holder, its contractors, and subcontractors.
(b) Such causes referred to in subsection (a) may include, but are not limited to:
but in every case the delay shall be beyond the control and without the negligence of the permit holder, its contractors, and subcontractors.
(c) If the cause of delay is the default of a contractor or subcontractor, and if the permit holder proves to the satisfaction of the commission that the default arose out of causes beyond the control of the permit holder, its contractors, and subcontractors, then the late fee shall not be due unless the supplies or services to be furnished by the contractor or subcontractor were obtainable from other sources in sufficient time to permit the permit holder to meet the completion date.
