610 IAC 11-1-5 Administrative order; hearing

Sec. 5. (a) If after conducting an investigation, the department determines that a violation has occurred, the department may conduct a hearing to determine if an administrative order should be issued against the respondent. (b) Proceedings under this section are governed by IC 4-21.5. (c) The department may appoint an administrative law judge to conduct the hearing and issue a recommended order. (d) The recommended order may be affirmed, modified, or dissolved under the procedures described in IC 4-21.5-3-29. (e) The administrative order issued under this section may award any or all of the following to an individual who filed a complaint under this section if the department finds that a violation or threated [sic] violation occurred: (1) The greater of: (A) actual and consequential damages resulting from the violation or threatened violation; or (B) liquidated damages of not more than one thousand dollars ($1,000). (2) The individual's reasonable attorney's fees incurred in connection with the action. (3) Declaratory or equitable relief, including injunctive relief. (4) Other relief that the department finds is proper. (f) If a violation continues over a period of time, any relief awarded under subsection (e)(1) is limited to the time period beginning ninety (90) days prior to the date the complainant filed a complaint with the department.