in-20241120-IR-460240434FNA: The Division of Disability and Rehabilitative Services (division) is soliciting public comment on adding rules at 460 IAC 6-37 regarding fines. The division seeks comment on the affected citations listed and any other provisions of Title 460 that may be affected by this rulemaking.

Notice of First Public Comment Period LSA Document #24-434 Sec. 1. (a) For purposes of assessing fines, the division shall consider aggravating and mitigating factors, and adjust the base violation fine by these factors. (b) For each violation, the final sanction level and corresponding fine will be determined by calculating the aggregate of: Sec. 2. The amount of a fine may be adjusted downward to reflect mitigating factors. Factors that may be considered are as follows: Sec. 3. The amount of a fine may be adjusted upward to reflect aggravating factors. Factors that may be considered are as follows: Sec. 4. Nothing in this rule requires the division to assess a fine for a violation. Sec. 5. The following are the base fines, which may be adjusted to a higher or lower amount based on aggravating or mitigating factors, as set forth in section 1 of this rule. Each violation is set as a Level 2 sanction as the base fine: