in-20241218-IR-068240113FRA: DIGEST FINES REGARDING FIGHTING SPORTS

Final Rule LSA Document #24-113 DIGEST Sec. 1. The purpose of this article is to establish a civil penalty schedule for violations of IC 4-33-22 or 68 IAC. Sec. 2. The commission shall impose a civil penalty of five hundred dollars ($500) for each violation occurring under IC 4-33-22 or this article. Sec. 3. When multiple separate, but substantially similar or related, violations are committed by a single, distinguishable act or failure to act, only one (1) of those violations may be subject to a civil penalty for that act. This section is intended to avoid duplicating civil penalty assessments for multiple violations of IC 4-33-22 or this rule that may be essentially the same or closely related. This section is not intended to limit in any way civil penalty assessments for violations that are the result of more than one (1) distinguishable unrelated act or failure to act, or a reoccurring violation. Sec. 4. The amount of a civil penalty may be adjusted downward to reflect particular mitigating factors. Some factors that may be considered are the following: Sec. 5. (a) The amount of a civil penalty may be adjusted upward to reflect particular aggravating factors. Some factors that may be considered are the following: (b) Whenever an aggravating factor is identified, the corresponding fine may be increased by the commission. The commission may assess a fine in any amount, up to and including double the amount for each violation. (c) The commission shall outline applicable aggravating factors in the notice described in section 7 of this rule. Sec. 6. (a) Nothing in this article requires the commission to assess a civil penalty for a violation. (b) The commission may initiate any of the following enforcement actions for a violation instead of, or in addition to, a civil penalty: Sec. 7. (a) The commission shall notify in writing each licensee on whom a civil penalty may be imposed. This notification includes the date and nature of the violation, including legal citation. (b) In response to the notification described in subsection (a), the licensee may provide any mitigating factors for commission consideration. (c) Under IC 4-22-2-19.6(b) and 68 IAC 13-1-18, the parties may enter into a settlement to determine the fine or civil penalty to be paid for a violation.