1. (a) A civil penalty assessed under section 39 or 40 of this chapter:

   1. (1) is subject to IC 4-21.5-3-6 ; and
   2. (2) becomes effective without a proceeding under IC 4-21.5-3 unless a person requests an administrative review not later than thirty (30) days after notice of the assessment is given.

2. (b) For purposes of determining:

   1. (1) whether a second violation has occurred when assessing a civil penalty under subsection (a), a first violation expires one (1) year after the date of issuance of a warning letter by the department of labor under subsection (a); and

   2. (2) recurring violations of this section, each location of an employer shall be considered separate and distinct from another location of the same employer.

      [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-4-31(b).]

As added by P.L.1-2005, SEC.17.