# Penalty considerations

**Citation:** 170 IAC 5-3-6  
**Type / status:** regulation / current  
**Agency:** Indiana Utility Regulatory Commission  
**Effective:** Not stated  
**Published:** 2025-01-24

Sec. 6. (a) When imposing a civil penalty under IC 8-1-22.5-7, the commission shall consider the escalating and mitigating factors listed in this section. (b) The commission may impose a civil penalty up to the maximum amount specified in IC 8-1-22.5-7. (c) The commission shall consider the followin

## Document text

Sec. 6. (a) When imposing a civil penalty under IC 8-1-22.5-7, the commission shall consider the escalating and mitigating factors listed in this section. (b) The commission may impose a civil penalty up to the maximum amount specified in IC 8-1-22.5-7. (c) The commission shall consider the following factors in escalating a civil penalty: (1) Gravity of the violation, including whether and the degree to which the violation resulted in property damage, injury, hospitalization, or fatality. (2) Seriousness of the violation, including whether and the degree to which the violation posed an imminent hazard to public health and safety. (3) Culpability of the operator, including whether the violation was negligent, reckless, or intentional. (4) Violation history, such as whether the type of violation has been repeated by the operator at least one (1) time. (5) Economic advantage for not complying, including to the extent the operator gained an economic benefit by not complying. (d) The commission shall consider the following factors in mitigating all or part of a civil penalty: (1) Cooperation, including whether the operator self-reported the violation and took immediate action to rectify the violation. (2) Operator size and ability to pay, including whether the penalty would cause the operator to be unable to continue to serve customers. (e) The commission may also consider other factors as justice may require.

Authority: IC 8-1-22.5-4
Affected: IC 8-1-22.5-7

(Indiana Utility Regulatory Commission; 170 IAC 5-3-6; filed Jan 24, 2025, 9:53 a.m.: 20250219-IR-170240382FRA)

## Provenance

- Official: Yes
- Source: <https://iar.iga.in.gov/code/2026/170/5#170-5-3-6>
- Source ID: `in-iga-170-iac-5-3`
- SHA-256: `a629e449ffe0c05ee73a1dc7749d795a5161e635b44a6dff9e69434b90327b84`
- Retrieved: 2026-08-20T07:26:52.749Z
- Exported: 2026-08-25T10:21:36.436Z
- Document slug: `in-iac-170-5-3-6`

### Source metadata

```json
{
  "jurisdiction": "US-IN",
  "editionYear": 2026,
  "titleNumber": 170,
  "article": 5,
  "ruleGroup": 3,
  "rule": "6",
  "ruleGroupTitle": "Minimum Safety Standards for the Transportation of Gas, Hazardous Liquids, Carbon Dioxide Fluids, and Related Pipeline Facilities",
  "corpusScope": "complete-current-170-iac-5-3",
  "ruleCount": 15,
  "authority": "Authority: IC 8-1-22.5-4",
  "affected": "Affected: IC 8-1-22.5-7",
  "publisherHistory": "(Indiana Utility Regulatory Commission; 170 IAC 5-3-6; filed Jan 24, 2025, 9:53 a.m.: 20250219-IR-170240382FRA)",
  "references": [
    {
      "citation": "170 IAC 5-3-6",
      "referenceType": "indiana-administrative-code",
      "url": "https://iar.iga.in.gov/code/2026/170/5#170-5-3-6"
    },
    {
      "citation": "IC 8-1-22.5-4",
      "referenceType": "indiana-code",
      "url": "https://iga.in.gov/laws/2026/ic/titles/8#8-1-22.5-4"
    },
    {
      "citation": "IC 8-1-22.5-7",
      "referenceType": "indiana-code",
      "url": "https://iga.in.gov/laws/2026/ic/titles/8#8-1-22.5-7"
    }
  ],
  "currentDateBasis": "Current placement and exact text in the official 2026 Indiana Administrative Code article; publisher history dates are not inferred effective dates.",
  "applicabilityCaveat": "Applicability depends on the definitions in 170 IAC 5-3-0.5, Indiana Utility Regulatory Commission jurisdiction, intrastate pipeline and operator status, transported commodity and facility type, federal preemption, waivers, Commission orders, and each provision's terms. The IURC program page states that PHMSA has jurisdiction over interstate operators and describes limits involving emerging pipeline commodities.",
  "incorporationCaveat": "170 IAC 5-3-0.6 incorporates specified United States Department of Transportation rules in 49 CFR Parts 40, 191, 192, 193, 194, 195, 198, and 199 as of July 1, 2024, subject to Indiana revisions in section 2. Other provisions reference statutes, federal acts, forms, technical guidance, and external standards. This connector records those references but does not reproduce incorporated material or imply that later federal amendments automatically apply.",
  "pendingRuleCaveat": "IURC RM #26-07 proposes amendments to 170 IAC 5-3. The official IURC index places it under Pending Rules, not under Effective Rules; its workflow status may advance through Final Rule and State Review before effectiveness. Proposed RM #26-07 text is provenance only and is not included in these current documents.",
  "publicationCaveat": "The official 2026 Indiana Administrative Code article is controlling for this corpus and contains fifteen current rules, including 170 IAC 5-3-6, filed January 24, 2025. The IURC program page's displayed Commission Rules list currently omits 170 IAC 5-3-6 and uses shortened titles for some entries. The connector preserves the exact publisher titles and records this agency-page lag rather than omitting an effective rule.",
  "rights": "The Indiana Legislative Services Agency is the official publisher of the Indiana Administrative Code. Official legal text and government source pages are retained with attribution and cryptographic provenance. State seals, agency marks, site presentation, forms, linked material, and incorporated federal or third-party standards may carry separate rights and require downstream review.",
  "rightsReviewRequired": true,
  "region": "IN"
}
```