750 IAC 10-2-5 Mitigating factors

Sec. 5. The amount of a civil penalty described in section 4 of this rule may be adjusted downward to reflect mitigating factors. The existence or nonexistence of any factor is not determinative. Factors that may be considered are as follows: (1) The appropriateness of the civil penalty with respect to the financial resources and good faith of a person or an individual charged. (2) Existence of written policies governing the conduct. (3) Cooperation with the department in addressing the violation. (4) A person's history of compliance. (5) Remedial or corrective action taken by a person. (6) Whether the violation was voluntarily disclosed to the department. (7) Evidence of restitution paid. (8) Other factors that justice requires.