in-20240403-IR-068240115FNA: PAID FANTASY SPORTS CIVIL PENALTIES

Notice of First Public Comment Period LSA Document #24-115 Sec. 1. (a) For violations occurring under IC 4-33-24-21 through IC 4-33-24-25 or 68 IAC 26-5, a civil penalty in the amount of one thousand dollars ($1,000) is assessed for each particular violation. (b) For other violations occurring under IC 4-33-24 or this article, a civil penalty in the amount of five hundred dollars ($500) is assessed for each particular violation. Sec. 2. For purposes of assessing civil penalties, the commission shall comply with the following: Sec. 3. The amount of a civil penalty may be adjusted downward to reflect 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 aggravating factors. Some factors that may be considered are the following: (b) Whenever an aggravating factor is identified, the corresponding civil penalty may be increased by the commission. If the aggravating factor is applicable to violations, the commission may assess a fine in the amount of one thousand dollars ($1,000) for each particular violation. (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 assess a civil penalty for a violation. (b) The commission may initiate any of the following enforcement actions for a violation outlined instead of, or in addition to, a civil penalty: Sec. 6. (a) The commission shall notify in writing each game operator 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 game operator 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 discussion to determine the fine or civil penalty to be paid for a violation.