312 Ind. Admin. Code 14-4-3

Current through May 29, 2024

Section 312 IAC 14-4-3 - Penalties

Authority: IC 25-36.5-1-9

Affected: IC 4-21.5-3-8; IC 25-36.5-1

Sec. 3.

(a) The division of forestry may file a complaint under IC 4-21.5-3-8, with the division of hearings, which seeks to impose a civil penalty against a person who violates IC 25-36.5-1 or this article.

(b) A civil penalty imposed under this section may not exceed the following limits:

(1) For engaging in business as a timber buyer without securing a timber buyer's registration certificate, ten thousand dollars ($10,000).

(2) For engaging as an agent of a timber buyer without holding an agent's license, ten thousand dollars ($10,000).

(3) For any other violation, one thousand dollars ($1,000).

(c) Subject to the mitigating factors described in subsection (d) and the aggravating factors described in subsection (e), the presumptive civil penalty assessed under this section is one-half (½) of the amounts for the violations described in subsection (b).

(d) Mitigating factors to be considered in assessing a civil penalty are as follows:

(1) The person assessed a civil penalty has not previously been adjudicated by the commission or a court to have violated IC 25-36.5-1 or this article.

(2) The violation appears to have been unintentional.

(3) The violation was an isolated occurrence.

(4) No timber grower has suffered harm as a result of the violation or, if harm was suffered, full restitution was tendered promptly.

(5) Significant environmental harm was not suffered as a result of the violation.

(e) Aggravating factors to be considered in assessing a civil penalty are as follows:

(1) The person assessed a civil penalty has previously been adjudicated by the commission or a court to have violated IC 2536.5-1 or this article.

(2) The violation appears to have been intentional.

(3) A pattern of violations has occurred.

(4) A timber grower has suffered harm as a result of the violation, and full restitution for the harm has not been tendered.

(5) Significant environmental harm was suffered as a result of the violation, and the harm has not been mitigated pursuant to a plan approved by the division director.

312 IAC 14-4-3

Natural Resources Commission; 312 IAC 14-4-3; filed May 27, 1997, 3:50 p.m.: 20 IR 2747; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed May 26, 2009, 11:21 a.m.: 20090624-IR-312090154RFA

Readopted filed 9/30/2015, 11:55 a.m.: 20151028-IR-312150156RFA

Readopted filed 5/19/2021, 4:16 p.m.: 20210616-IR-312210110RFA