in-20250122-IR-040250004FNA: The State Ethics Commission (commission) is soliciting public comment on adding and amending rules at 40 IAC 2-3 regarding civil penalties. The commission seeks comment on the affected citations listed and any other provisions of Title 40 that may be affected by this rulemaking.

Notice of First Public Comment Period LSA Document #25-4 Sec. 3. (a) The commission may consider an agreed settlement entered into by the inspector general and the respondent to an ethics complaint in a public meeting. The commission may accept or reject an agreed settlement by majority vote. (b) No statement made by any person during settlement negotiations shall be used as evidence in any a subsequent public hearing or proceeding. (c) The commission shall consider the factors contained in section 9(b) of this rule when considering an agreed settlement under subsection (a). (c) (d) The commission shall document its approval or rejection of the agreed settlement in a written report, signed by a majority of the commission members. (d) (e) The report shall be open to public inspection as a public record and be presented to those individuals listed in IC 4-2-6-4(b)(2)(J). The commission may present the report to those individuals listed in IC 4-2-6-4(b)(2)(K). Sec. 9. (a) The commission may issue a civil penalty between the minimum amount of zero dollars ($0) and the maximum amount set forth in IC 4-2-6-8 and IC 4-2-6-12. (b) In determining whether to assess a civil penalty, or the amount of a civil penalty, the commission shall consider: (c) The commission shall consider the following aggravating factors when assessing a civil penalty and may adjust the amount of the civil penalty upward: (d) The commission shall consider the following mitigating factors when assessing a civil penalty and may adjust the amount of the civil penalty downward: (e) A civil penalty shall be considered during a public meeting and must be adopted by majority vote.