68 IAC 21-13.5-4 Aggravating factors

Sec. 4. (a) The amount of a civil penalty may be adjusted upward to reflect particular aggravating factors. Some factors that may be considered are the following: (1) Willful or intentional misconduct. (2) Violation of the same statute or rule in any of the preceding two (2) rolling twelve (12) month periods. (3) Obstruction or failure to comply with the commission's investigation. (4) Fraudulent conduct. (5) Whether the violation resulted in financial harm to a particular individual. (6) Failure to pay the full amount of previously mitigated, agreed upon civil penalties. (7) 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 fine outlined under section 1 of this rule may be increased by the commission. The commission may assess a fine in any amount, up to and including the maximum amount identified in IC 4-32.3-8-2. (c) The commission shall outline applicable aggravating factors in the notice described in section 6 of this rule.