in-20250326-IR-345240377FRA: DIGEST CIVIL PENALTY SCHEDULE

Final Rule LSA Document #24-377 DIGEST Sec. 1. The purpose of this article is to establish a civil penalty schedule for violations of: Sec. 1. The definitions in this rule apply throughout this article. Sec. 2. "Board" means the Indiana state board of animal health established at IC 15-17-3-1. Sec. 3. "Legal citation" means the Indiana Code or Indiana Administrative Code section or subsection cited on the schedule to describe the relevant portion of a board statute or rule that has been violated. Sec. 4. "Schedule" means the civil penalty schedule required by IC 4-22-2-19.6 and as specified in 345 IAC 1.5-3. Sec. 1. The schedule of civil penalties for violations of IC 15-17, IC 15-21, and the rules adopted under these laws are as follows: Sec. 2. (a) Except for violations: (b) A penalty may not exceed the maximum amount each day of the violation in IC 15-17-18-12. In addition to any penalties assessed, the board may seek costs and other expenses as authorized under IC 15-17-18-12. (c) The board shall determine the amount of a civil penalty that will be assessed within the ranges set forth in section 1 of this rule by considering the following factors: (d) After a penalty is assessed under this section and other applicable laws or rules, the board may enter into a payment or other settlement agreement with a violator when the board determines that: Sec. 3. (a) The board shall notify, in the manner required under IC 4-21.5, each person on whom a civil penalty may be imposed of the opportunity to appeal a proposed action by filing with the board in writing a request to have a hearing within fifteen (15) days after notice of the action. (b) Waiver of a hearing may be made in writing or by failure to request in writing a hearing, as provided in IC 15-17-17, within fifteen (15) days after receiving the notice. Sec. 4. (a) Nothing in this article requires the board to impose a civil penalty for a violation. (b) The board may initiate any of the following as an alternate enforcement action, or in addition to, a civil penalty: