Section 68 IAC 28-2-4 - Penalty elevationAuthority: 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. 4.
(a) The amount of a civil penalty may be adjusted upward to reflect the following aggravating factors: (1) Willful or intentional misconduct.(2) The violation involved the failure of more than one (1) occupational licensee to comply with IC 4-33, IC 4-35, IC 4-38, or this rule, or identify and prevent the violation of IC 4-33, IC 4-35, IC 4-38, or this rule from occurring.(3) Repeat offense of a violation assessed at any of the commission's preceding two (2) quarterly business meetings. Violation of schedule items already assigning a corresponding increase to each subsequent violation is not subject to this subsection.(4) Obstructing or failing to comply with the commission's investigation.(6) Whether the violation resulted in financial harm.(7) Failure to pay the full amount of previously mitigated, agreed upon civil penalties.(8) Whether the violation negatively impacts the integrity or public trust of gaming in the state of Indiana.(b) Whenever an aggravating factor is identified, the corresponding civil penalty may be increased by any amount, up to and including five (5) times the schedule amount for each violation. However, the amount assessed may not exceed the amounts outlined under IC 4-33-4-8 and IC 4-35-4-10.(c) The commission shall outline applicable aggravating factors in the notice described in section 6 of this rule.Indiana Gaming Commission; 68 IAC 28-2-4; filed 11/18/2024, 4:00 p.m.: 20241218-IR-068240116FRA