Indiana Code
Chapter 5. Pawnbrokers
28-7-5-4. Application for License; Business Locations; Criminal History; Evidence of Compliance; Criminal Background Checks and Credit Histories

Sec. 4. (a) Application for a pawnbroker's license shall be submitted on a form prescribed by the director and must include all information required by the director. An application submitted under this section must identify the location or locations at which the applicant proposes to engage in business as a pawnbroker in Indiana.
(b) An application submitted under this section must indicate whether any individual described in section 8(a)(2) or 8(a)(3) of this chapter at the time of the application:
(1) is under indictment for a felony under the laws of Indiana or any other jurisdiction; or
(2) has been convicted of a felony under the laws of Indiana or any other jurisdiction.
(c) The director may request that the applicant provide evidence of compliance with this section at:
(1) the time of application;
(2) the time of renewal of a license; or
(3) any other time considered necessary by the director.
(d) For purposes of subsection (c), evidence of compliance with this section may include:
(1) criminal background checks, including a national criminal history background check (as defined in IC 10-13-3-12) by the Federal Bureau of Investigation for any individual described in subsection (b);
(2) credit histories; and
(3) other background checks considered necessary by the director.
If the director requests a national criminal history background check under subdivision (1) for an individual described in that subdivision, the director shall require the individual to submit fingerprints to the department or to the state police department, as appropriate, at the time evidence of compliance is requested under subsection (c). The individual to whom the request is made shall pay any fees or costs associated with the fingerprints and the national criminal history background check. The national criminal history background check may be used by the director to determine the individual's compliance with this section. The director or the department may not release the results of the national criminal history background check to any private entity.
Formerly: Acts 1935, c.195, s.4. As amended by P.L.14-1992, SEC.133; P.L.63-2001, SEC.18 and P.L.134-2001, SEC.20; P.L.10-2006, SEC.39 and P.L.57-2006, SEC.39; P.L.213-2007, SEC.70; P.L.217-2007, SEC.68; P.L.3-2008, SEC.223; P.L.90-2008, SEC.49; P.L.1-2009, SEC.149; P.L.35-2010, SEC.170; P.L.216-2013, SEC.34; P.L.137-2014, SEC.30; P.L.159-2017, SEC.38.

Structure Indiana Code

Indiana Code

Title 28. Financial Institutions

Article 7. Specialized Financial Institutions

Chapter 5. Pawnbrokers

28-7-5-1. Citation

28-7-5-2. Definitions

28-7-5-3. Necessity of License; Misleading Representations; Territorial Application

28-7-5-4. Application for License; Business Locations; Criminal History; Evidence of Compliance; Criminal Background Checks and Credit Histories

28-7-5-5. Initial and Renewal Applications; Fees; Financial Statement; Proof of Bond and Insurance; Standards; Tax Warrant List

28-7-5-5.5. Surety Bond; Requirements; Amount; Termination; Liability; Notices

28-7-5-6. Repealed

28-7-5-7. Repealed

28-7-5-8. Issuance and Duration of License; Evidence of Compliance; Denial of Application; Person Not Qualifying for License; Replacement of Manager

28-7-5-9. License Not Transferrable or Assignable; Branch Locations

28-7-5-9.1. Change in Control of Licensee; Application to Department; Time Frame for Department's Decision; Conditions for Approval; Duty of Licensee to Report Transfer of Securities; Director's Discretion to Require New License

28-7-5-10. Closing, Opening, or Relocating a Branch; Changes and Events Concerning Licensees or Applicants; Notice to Department Required

28-7-5-10.1. Ceasing Business as a Pawnbroker; Requirements; Appointment of Liquidating Agent; Two Month Redemption Period; Partial Payments by Pledgers

28-7-5-10.4. Carrying on Other Business

28-7-5-10.5. Repealed

28-7-5-10.6. Felony Convictions or Pleas; Notice to Department

28-7-5-11. License Renewal; Application; Fees

28-7-5-12. Repealed

28-7-5-13. Suspension or Revocation of License; Order to Show Cause; Order of Suspension or Revocation; Surrender of License; Existing Obligations; Emergency Order for Revocation

28-7-5-13.1. Failure to File Renewal Form or Pay Renewal Fee; Revocation or Suspension of License

28-7-5-14. Repealed

28-7-5-15. Investigatory and Enforcement Authority; Costs of Investigation; Voided Loans

28-7-5-15.1. Applicability of Law Governing Administrative Orders and Procedures; Venue

28-7-5-16. Books, Accounts, and Records; Examination and Costs; Bills of Sale; Purchase of Precious Metal; Record of Control; Examination of Vendors

28-7-5-17. Report; Late Fee

28-7-5-18. Repealed

28-7-5-19. Loan Record Requisites; Data Recording Methods

28-7-5-20. Signature and Thumbprint of Pledger; Electronic Record

28-7-5-21. Pawn Ticket; Duty of Reasonable Care in Safekeeping of Articles

28-7-5-21.5. Required Disclosure of Information

28-7-5-22. Presumptive Right of Ticket Holder to Redeem; Compliance With Local Ordinance or Law Concerning Pledge Retention

28-7-5-23. Redemption by Mail; Compliance With Local Ordinance or Law Concerning Pledge Retention

28-7-5-24. Partial Payment Before Maturity

28-7-5-25. Loss, Destruction, or Theft of Pawn Ticket

28-7-5-26. Alteration of Pawn Ticket; Effect

28-7-5-27. Repealed

28-7-5-28. Rate of Interest; Calculation for Partial Month; Minimum Term; Reduction in Advance; Penalty for Excessive or Unauthorized Interest or Charges

28-7-5-28.5. Additional Charge; Servicing Fee

28-7-5-29. Liability for Loss to Pledger; Due Care

28-7-5-29.5. Waiver of Rights Not Permitted

28-7-5-30. Two Month Redemption Period; Public Access Prohibited; Unredeemed Property Subject to Sale

28-7-5-31. Repealed

28-7-5-32. Repealed

28-7-5-33. Lien

28-7-5-34. Delivery of Pledge; Necessity of Surrender of Pawn Ticket

28-7-5-35. Conflicting Claims; Sale of Pledge Subject to Adjudication

28-7-5-36. Unlawful Transactions

28-7-5-37. Violations

28-7-5-37.5. Compliance With Money Laundering Laws; Investigation and Enforcement by the Department

28-7-5-38. Violations; Civil Action; Injunctive Relief; Civil Penalties

28-7-5-38.1. Violations; Civil Penalty

28-7-5-39. Confidentiality of Records; Exceptions; Safeguarding of Personal Records; Release of Information to Supervisory Agencies