68 IAC 21-13.5-3 Mitigating factors

Sec. 3. The amount of a civil penalty may be adjusted downward to reflect particular mitigating factors. Some factors that may be considered are the following: (1) Good faith efforts of the qualified organization, manufacturer, distributor, or individual to comply or prevent the violation. (2) Existence of written policies, training materials, and records or internal controls governing the conduct of workers and operators of a qualified organization. (3) Cooperation by the qualified organization, manufacturer, distributor, or individual with the commission during the investigation process. (4) The history of compliance of the qualified organization, manufacturer, distributor, or individual. (5) Remedial or corrective action taken by the qualified organization, manufacturer, distributor, or individual. (6) Any other factor raised by the qualified organization, manufacturer, distributor, or individual for commission consideration as a mitigating factor to the violation.