312 IAC 14-4-3 Penalties

Sec. 3. (a) The division of forestry may file a complaint under IC 4-21.5-3-8, with the division of hearings, which seeks to impose a civil penalty against a person who violates IC 25-36.5-1 or this article. (b) A civil penalty imposed under this section may not exceed the following limits: (1) For engaging in business as a timber buyer without securing a timber buyer's registration certificate, ten thousand dollars ($10,000). (2) For engaging as an agent of a timber buyer without holding an agent's license, ten thousand dollars ($10,000). (3) For any other violation, one thousand dollars ($1,000). (c) Subject to the mitigating factors described in subsection (d) and the aggravating factors described in subsection (e), the presumptive civil penalty assessed under this section is one-half (1/2) of the amounts for the violations described in subsection (b). (d) Mitigating factors to be considered in assessing a civil penalty are as follows: (1) The person assessed a civil penalty has not previously been adjudicated by the commission or a court to have violated IC 25-36.5-1 or this article. (2) The violation appears to have been unintentional. (3) The violation was an isolated occurrence. (4) No timber grower has suffered harm as a result of the violation or, if harm was suffered, full restitution was tendered promptly. (5) Significant environmental harm was not suffered as a result of the violation. (e) Aggravating factors to be considered in assessing a civil penalty are as follows: (1) The person assessed a civil penalty has previously been adjudicated by the commission or a court to have violated IC 25-36.5-1 or this article. (2) The violation appears to have been intentional. (3) A pattern of violations has occurred. (4) A timber grower has suffered harm as a result of the violation, and full restitution for the harm has not been tendered. (5) Significant environmental harm was suffered as a result of the violation, and the harm has not been mitigated pursuant to a plan approved by the division director.