68 IAC 28-2-2 Assessment of civil penalty

Sec. 2. For purposes of assessing civil penalties, the commission shall comply with the following when determining the violation number and count of violations: (1) Only subsequent violations committed within six (6) months after the date of the base violation shall be considered for determining whether subsequent violations have occurred. (2) The ordinal number of a violation accumulates as first, second, third, etc., for each independent violation assessed during a rolling six (6) month period. (3) When substantially similar violations are committed by a single, distinguishable act or failure to act, only one (1) of those violations may be subject to a civil penalty for that act. This subdivision is intended to avoid duplicating civil penalty assessments for multiple violations of IC 4-33, IC 4-35, IC 4-38, or this rule that may be substantially similar or closely related. This subdivision is not intended to limit in any way civil penalty assessments for violations that are the result of more than one (1) distinguishable unrelated act or failure to act, or a reoccurring violation. (4) When civil penalty assessment procedures outlined in subdivision (3) are being followed, the commission shall use the appropriate violation with the highest penalty listed on the schedule.