in-20240410-IR-068240118FNA: FINES REGARDING CHARITY GAMING

Notice of First Public Comment Period LSA Document #24-118 Sec. 16.5. "Rolling twelve (12) month period" means the three hundred sixty-five (365) days after the date a violation of IC 4-32.3 or this article occurred. Sec. 1. (a) A civil penalty imposed by the commission on a qualified organization, a manufacturer, a distributor, or an individual under IC 4-32.3 or this article shall be assessed in the following amounts: (b) Under IC 4-32.3-8-1, if a violation is of a continuing nature, the commission may impose a civil penalty for each day the violation continues. Sec. 2. For purposes of assessing civil penalties, the commission shall comply with the following when determining the violation number and count of violations: Sec. 3. 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. 4. (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 outlined under section 1 of this rule may be increased by the commission. The commission may assess a fine in any amount, up to and including the maximum amount identified in IC 4-32.3-8-2. (c) The commission shall outline applicable aggravating factors in the notice described in section 6 of this rule. Sec. 5. (a) Nothing in this article requires the commission to impose 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. 6. (a) The commission shall notify in writing each qualified organization, manufacturer, distributor, or individual on whom a civil penalty is being assessed. 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. Under IC 4-22-2-19.6(b) and 68 IAC 13-1-18, the parties may enter into a settlement to resolve an alleged violation.