Donor Restrictions

Summary of the Donor Restrictions Rule

A person who has a business relationship with an employee or agency should not offer the employee/agency gifts or favors.

Examples of the Rule

• Your company sells an expensive multi-function copier to the Department of Health. You may not offer the employee who purchased the equipment a promotional PDA since the employee would be prohibited from accepting it under the Gifts rule.
• You are a highway engineer for a private company seeking to procure a contract from the Indiana Department of Transportation (INDOT). You may not pay for the INDOT employee’s meal if you decide to discuss the proposal over lunch since the employee would be prohibited from accepting the lunch under the Gifts rule.
• You are an insurance company who would like to include a handful of state agency directors in a weekend event you will be hosting at a local sporting venue. You may not invite the agency directors since they would be prohibited from accepting the entertainment under the Gifts rule.
• You are an engineer at a design firm that does work for INDOT. You may not buy lunch for any INDOT employees.
• You are the director of a non-profit organization that desires to do business with the Department of Health (DOH). You go to lunch with a DOH manager to talk about your ideas. You may not buy the DOH employee lunch.

Past Advisory Opinions on the Donor Restrictions Rule

• All Opinions on the Donor Restrictions Rule

The Rule: 42 IAC 1-5-2 Donor Restrictions

A person who has a business relationship with an employee's or a special state appointee's agency shall not provide any:

1. gifts;
2. favors;
3. services;
4. entertainment;
5. food;
6. drink;
7. travel expenses; or
8. registration fees to such employee or special state appointee if the employee or special state appointee would not be permitted to accept the gift, favor, service, entertainment, food, drink, travel expenses or registration fees under this rule.