Section 410 IAC 5.1-1-30 - Civil penaltiesAuthority: IC 16-19-3-4; IC 16-41-38-2
Affected: IC 4-21.5; IC 16-41-38
Sec. 30.
(a) The commissioner may commence an action under IC 16-41-38 to levy civil penalties against an individual who:(1) fails to comply with IC 16-41-38 or this rule; or(2) interferes with or obstructs the department or its designated agent in the performance of official duties pursuant to IC 16-41-38 or this rule.(b) A civil penalty in an amount in the appropriate range specified in this section may be sought for each day of each violation documented by the commissioner.(c) In determining the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the commissioner will consider the following: (1) The potential for harm or imminent threat to public health.(2) The extent of deviation from statutory or regulatory requirements.(3) Degree of willfulness or negligence.(4) History of noncompliance. The absence of direct harm will not result in assessment of a lower penalty for a violation.
(d) Unless adjusted as provided for in subsection (e), all penalties shall be in accordance with the following schedule: | Violation | Rule Citation | Range of Penalty |
| Interference with department agent | 410 IAC 5.1-1-30 | $ 0 to $1,000 |
| General requirements; exclusion | 410 IAC 5.1-1-22 | $ 0 to $1,000 |
| Certification of secondary radon testers | 410 IAC 5.1-1-23 | $ 0 to $1,000 |
| Certification of primary radon testers | 410 IAC 5.1-1-24 | $ 0 to $1,000 |
| Certification of radon laboratory testers | 410 IAC 5.1-1-25 | $ 0 to $1,000 |
| Certification of radon mitigators | 410 IAC 5.1-1-26 | $ 0 to $1,000 |
| Recertification of primary and secondary radon testers, radon laboratory testers, and radon mitigators | 410 IAC 5.1-1-27 | $ 0 to $1,000 |
| Certification standards; passive monitors; records; reporting | 410 IAC 5.1-1-28 | $ 0 to $1,000 |
| Remedies; right of entry; reciprocity | 410 IAC 5.1-1-29 | $ 0 to $1,000 |
(e) After determining the appropriate penalty based on the schedule in this section, the commissioner may adjust the penalty to reflect a good faith effort to comply by the individual engaged in radon-222 activities.(f) Each individual penalty may be multiplied by the number of days the particular violation has been documented by the commissioner.(g) Penalties for all violations documented in an inspection or series of inspections will be totaled and sought under one (1) cause of action.(h) After filing an action pursuant to IC 4-21.5, and in an attempt to resolve violations of IC 16-41-38 and this rule without resorting to a hearing, the commissioner may negotiate and enter into agreed orders. An agreed order may suspend all or part of the civil penalty calculated under the requirements and deadlines established in the agreed order.(i) As provided by IC 16-41-38, an individual who violates this rule commits a Class A misdemeanor.Indiana State Department of Health; 410 IAC 5.1-1-30; filed Oct 27, 1993, 9:00 a.m.: 17 IR 355; errata filed Nov 9, 1993, 9:00 a.m.: 17 IR 410; errata filed Jan 28, 2000, 7:48 a.m.: 23 IR 1401; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFAReadopted filed 11/13/2019, 3:14 p.m.: 20191211-IR-410190391RFA