68 IAC 26-11-4 Aggravating factors

Sec. 4. (a) The amount of a civil penalty may be adjusted upward to reflect aggravating factors. The following are factors that may be considered: (1) Willful or intentional misconduct. (2) Repeat violations in multiple rolling six (6) 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 fantasy sports game participant. (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 civil penalty may be increased by the commission. If the aggravating factor applies to violations, the commission may assess a fine in the amount of one thousand dollars ($1,000) for each particular violation. (c) The commission shall outline applicable aggravating factors in the notice described in section 6 of this rule.