68 Ind. Admin. Code 28-2-3

Current through January 8, 2025

Section 68 IAC 28-2-3 - Penalty mitigation

Authority: IC 4-33-4-2; IC 4-35-4-3; IC 4-38-3-1

Affected: IC 4-33-4-8; IC 4-35-4-10; IC 4-38-1-4

Sec. 3.

The amount of a civil penalty may be adjusted downward to reflect particular mitigating factors. Factors that may be considered are the following:

(1) The licensee's good faith efforts to comply or prevent the violation.

(2) Existence of written policies governing occupational licensee conduct.

(3) Cooperation by the licensee with the commission during the investigation process.

(4) The licensee's history of compliance.

(5) Remedial or corrective action taken by the licensee.

(6) The licensee self-reporting the violation; however, reports of a violation identified and reported by a surveillance under 68 IAC 12-1-8(a)(5)(H) are not considered self-reported for purposes of this section.

(7) Any other factor raised by the licensee for commission consideration as a mitigating factor to the violation.

68 IAC 28-2-3

Indiana Gaming Commission; 68 IAC 28-2-3; filed 11/18/2024, 4:00 p.m.: 20241218-IR-068240116FRA