in-20241023-IR-345240377FNA: The Indiana State Board of Animal Health (BOAH) is soliciting public comment on adding an article at 345 IAC 1.5 concerning its civil penalty schedule. BOAH seeks comment on the affected citations listed and any other provisions of Title 345 that may be affected by this rulemaking.

Notice of First Public Comment Period LSA Document #24-377 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 per 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: