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