Indiana Code
Chapter 5. Cashing Checks
28-8-5-12. Issuance and Refusal of Licenses; Evidence of Compliance; Criminal Background Checks

Sec. 12. (a) The department shall determine the financial responsibility, business experience, character, and general fitness of the applicant before issuing the license.
(b) The department may refuse to issue a license for any of the following reasons:
(1) Any of the following has been convicted of a felony under the laws of Indiana or any other jurisdiction:
(A) An executive officer, director, or manager of the applicant, or any other individual having a similar status or performing a similar function for the applicant.
(B) Any person directly or indirectly owning of record or owning beneficially at least ten percent (10%) of the outstanding shares of any class of equity security of the applicant.
(2) The application was submitted for the benefit of, or on behalf of, a person who does not qualify for a license.
(c) The director of the department may request evidence of compliance with this section by the licensee at:
(1) the time of application;
(2) the time of renewal of the licensee's license; or
(3) any other time considered necessary by the director.
(d) For purposes of subsection (c), evidence of compliance 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)(1);
(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.
As added by P.L.42-1993, SEC.86. Amended by P.L.80-1998, SEC.22; P.L.63-2001, SEC.21 and P.L.134-2001, SEC.23; P.L.10-2006, SEC.63 and P.L.57-2006, SEC.63; P.L.213-2007, SEC.87; P.L.217-2007, SEC.85; P.L.90-2008, SEC.64; P.L.35-2010, SEC.186.

Structure Indiana Code

Indiana Code

Title 28. Financial Institutions

Article 8. Financial Services

Chapter 5. Cashing Checks

28-8-5-1. Application of Chapter

28-8-5-2. Check or Checks

28-8-5-2.5. Check Cashing Transaction

28-8-5-3. Consideration

28-8-5-4. Department

28-8-5-5. Repealed

28-8-5-6. Licensed Casher of Checks

28-8-5-7. Licensee

28-8-5-8. Location

28-8-5-9. Person

28-8-5-10. Resolutions for Administration of Chapter

28-8-5-11. License Required; Application; Contents; Tax Warrant List; Application Fee

28-8-5-12. Issuance and Refusal of Licenses; Evidence of Compliance; Criminal Background Checks

28-8-5-13. Licenses Not Transferable or Assignable

28-8-5-13.1. 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

28-8-5-14. Expiration of Licenses

28-8-5-15. License Renewal; Application; Fee; Changes and Events Concerning Licensees or Applicants; Notice to Department Required

28-8-5-16. Check Cashing Requirements

28-8-5-17. Check Cashing Fee Limitations

28-8-5-18. Record Keeping; Duty to Safeguard Personal Records

28-8-5-18.2. Carrying on Other Business

28-8-5-18.3. Repealed

28-8-5-18.4. Felony Convictions or Pleas; Notice to Department

28-8-5-18.5. Checks Drawn on Valid Accounts and Deposited With Intent to Draw Funds

28-8-5-19. Examination of Books, Accounts, and Records; Fees; Department's Investigatory and Enforcement Authority; Examination of Vendors

28-8-5-20. Investigation Procedures

28-8-5-21. Examination of Records Located Outside Indiana

28-8-5-21.1. Applicability of Law Governing Administrative Orders and Procedures; Venue

28-8-5-22. Suspension or Revocation of License; Order to Show Cause; Order of Suspension or Revocation; Relinquishment of License; Existing Obligations; Emergency Order for Revocation

28-8-5-22.5. Failure to File Renewal Form or Pay Renewal Fee; Revocation or Suspension of License

28-8-5-23. Investigations; Void Check Cashing Transactions

28-8-5-24. Civil Penalties; Civil Action by Department

28-8-5-24.5. Compliance With Money Laundering Laws; Investigation and Enforcement by Department

28-8-5-25. Violations