170 IAC 5-5-3 Process for determining violations and penalties

Sec. 3. (a) The pipeline safety division shall investigate alleged violations of IC 8-1-26. (b) The pipeline safety division shall determine whether a violation of IC 8-1-26 occurred and by which person or entity. After making a determination of a violation, the pipeline safety division shall forward its findings of violations to the advisory committee. (c) The pipeline safety division will provide the person or entity accused of violating IC 8-1-26 with notice and an opportunity to appear before the advisory committee to provide written evidence before the advisory committee making a recommendation on the summary damage report. (d) A person or an entity accused of violating IC 8-1-26 may send correspondence and written evidence regarding the pipeline safety division's finding of a violation to the advisory committee, or appear at the public meeting in person to provide the written evidence. (e) For damages that occur on or after January 1, 2024, the advisory committee's penalty schedule approved in December 2023, effective January 1, 2024, is hereby incorporated by reference. Copies may be obtained from https://www.in.gov/iurc/files/2024-UPPAC-Penalty-Schedule-.pdf. The advisory committee shall use the incorporated penalty schedule when determining recommended penalties. (f) After receiving a recommendation from the advisory committee, the commission shall provide the person or entity accused of violating IC 8-1-26 with notice of the advisory committee's recommendation and provide the person or entity thirty (30) days to request a public hearing on the advisory committee's recommendation. (g) A request for a public hearing before the commission must be filed and served following the procedures in 170 IAC 1-1.1. (h) If a person or an entity accused of violating IC 8-1-26 does not request a public hearing, the commission may act on the advisory committee's recommendation. (i) Hearings before the commission regarding violations of IC 8-1-26 are subject to the commission's rules of practice and procedure.