Section 68 IAC 21-13.5-2 - Assessment of civil penaltyAuthority: IC 4-32.3-3-3
Affected: IC 4-32.3-8-2
Sec. 2.
For purposes of assessing civil penalties, the commission shall comply with the following when determining the violation number and count of violations:
(1) Only violations committed within a rolling twelve (12) month period after the date of the base violation being addressed may be considered for determining whether additional statutory or regulatory violations have occurred for purposes of section 1 of this rule.(2) The ordinal number of a violation accumulates as first, second, third, etc., independently for each statutory or regulatory violation in a rolling twelve (12) month period.(3) When multiple separate, but substantially similar or related, violations are committed by a single distinguishable act or failure to act, only one (1) of those violations may be subject to a civil penalty for that act. This subdivision is intended to avoid duplicating civil penalty assessments for multiple violations of IC 4-32.3 or this rule that may be essentially the same or closely related. This subdivision is not intended to limit in any way civil penalty assessments for violations that are the result of more than one (1) distinguishable unrelated act or failure to act, or a reoccurring violation.(4) When civil penalty assessment procedures outlined in subdivision (3) are being followed, the commission shall use the appropriate violation with the highest penalty listed on the schedule.Indiana Gaming Commission; 68 IAC 21-13.5-2; filed 11/20/2024, 11:45 a.m.: 20241218-IR-068240118FRA