4-33-3-23; IC 4-33-4; IC
Affected: IC 4-21.5-3; IC 4-33; IC 4-35
administrative law judge may impose penalties as outlined in Indiana Rules of
Trial Procedure 26 through 37 and IC 4-21.5-3.
(b) If a respondent fails to testify on the
respondent's own behalf with respect to any question propounded to that person,
the administrative law judge may infer therefrom that such testimony or answer
would have been adverse to the case of the party refusing to testify.
If the respondent or the respondent's
agent fails to answer a subpoena or refuses to testify fully at the request of
the executive director or the executive director's designee, such failure may
be deemed independent grounds for a finding that the:
(1) gaming device should have been seized and
The administrative law judge may also infer therefrom that
such testimony would have been adverse to the respondent.
(d) The unexcused failure of the
respondent to appear at a hearing constitutes an admission of all matters and
facts contained in the notice of a seizure and forfeiture action or a
disciplinary action, or both. In such case, the administrative law judge may
take action based upon such admission or upon any other evidence, including
affidavits, without any further notice to the respondent.