in-20250115-IR-045240387FRA: DIGEST OVERSIZE-OVERWEIGHT VIOLATIONS

Final Rule LSA Document #24-387 DIGEST Sec. 1. As used in this article, "violation" refers to a civil penalty assessed to a carrier by the department of state revenue under IC 9-20-18-14.5. Sec. 2. (a) The following schedule applies to a penalty assessed to a carrier by the department of state revenue (department) under IC 9-20-18-14.5(b): (b) The following schedule applies to a penalty assessed to a carrier by the department under IC 9-20-18-14.5(c): (c) If a carrier has no violations during a consecutive three hundred sixty-five (365) calendar day period, the penalty count for the carrier will reset and the carrier will receive a warning letter as the next penalty by the department under IC 9-20-18-14.5. Sec. 3. When making an assessment of a penalty under section 2 of this rule, the following apply: Sec. 4. (a) If a carrier protests a civil penalty assessment made by the department of state revenue (department) under section 2 of this rule, the carrier may raise any of the defenses found in IC 9-20-18-7(c) as a defense to the civil penalty. The carrier bears the burden of demonstrating the applicability of a defense. (b) If a carrier protests a civil penalty assessment made by the department under section 2 of this rule, the department may adjust the amount of the civil penalty downward to reflect mitigating factors, including the following: (c) The amount of a civil penalty may not be adjusted downward under subsection (b) if any of the aggravating factors in section 3 of this rule apply to the carrier. Sec. 5. (a) If a carrier protests a civil penalty assessment made by the department of state revenue (department) under section 2 of this rule, the department may adjust the amount of the civil penalty upward to reflect aggravating factors, including the following: (b) If aggravating factors are identified, the department may adjust a civil penalty amount up to the highest amount provided under IC 9-20-18-14.5(b) and IC 9-20-18-14.5(c).