Indiana Administrative Code
Title 357 - INDIANA PESTICIDE REVIEW BOARD
Article 1 - DEFINITION; USE OF PESTICIDES
Rule 6 - Civil Penalty Assessment Schedule
Section 6-5 - Potential penalty mitigation
Universal Citation: 357 IN Admin Code 6-5
Current through September 18, 2024
Authority: IC 15-16-4-50; IC 15-16-4-69
Affected: IC 15-16-4
Sec. 5.
(a) The amount of a civil penalty may be adjusted downward to reflect particular mitigating factors. Some factors that may be considered are the following:
(1) Good faith efforts of the violator to
comply.
(2) Cooperation by the
violator with the state chemist during the investigation process.
(3) The violator's history of
compliance.
(4) Whether the
violation involved a restricted use pesticide.
(5) The potential for damage.
(6) Remedial or corrective action taken by
the violator.
(b) Failure to pay the full amount of any previously mitigated civil penalty by the date prescribed by the state chemist may subject the violator to the full amount of the nonmitigated civil penalty.
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