(a) The commission may appoint a temporary trustee for a particular gambling game facility at a racetrack if the commission makes the following findings:(1) That circumstances requiring a trustee to assume control of the gambling game facility are likely to occur.(2) That the commission has not approved a power of attorney identifying any other person to serve as the trustee for the gambling game facility.(3) That there is not enough time to consider and approve a power of attorney with respect to the gambling game facility before the circumstances found likely to occur under subdivision (1) will occur.(b) A person appointed under this section must be qualified to perform any duty described in this section or IC 4-35-12.(c) A trustee appointed by the commission under this section shall serve until any of the following occur:(1) The commission adopts a resolution under IC 4-35-12-3 authorizing a trustee appointed in an approved power of attorney submitted by the permit holder to conduct gambling games under IC 4-35-12.(2) The commission revokes the trustee's authority to conduct gambling games as provided by IC 4-35-12-12.(3) A new permit holder assumes control of the der to conduct gambling games under IC 4-35-12.(2) The commission revokes the trustee's authority to conduct gambling games as provided by IC 4-35-12-12.(3) A new permit holder assumes control of the racetrack, gambling game facility, and related properties.(d) A trustee appointed by the commission under this section shall exercise the trustee's powers in accordance with:(1) the model power of attorney established by the executive director under section 13.2 of this chapter; and(2) IC 4-35-12.As added by P.L.142-2009, SEC.20. Amended by P.L.255-2015, SEC.26.
Indiana Legal Code