(a) The civil penalties imposed under this section are in addition to the other civil penalties that may be imposed under IC 8 and IC 9 . Notwithstanding section 12 of this chapter, a civil penalty imposed under this section:
- (1) is imposed on the person whose United States Department of Transportation number is registered on the vehicle transporting the load;
- (2) shall be deposited in the motor carrier regulation fund established by IC 8-2.1-23-1 ;
- (3) is in addition to any fines imposed by a court; and
- (4) is assessed by the department of state revenue in accordance with the procedures in IC 6-8.1-5-1 .
- (b) A person who obtains a permit under this article and violates this article is subject to a civil penalty of not more than five hundred dollars ($500) for the first violation and not more than one thousand dollars ($1,000) for each subsequent violation.
- (c) A person who transports vehicles or loads subject to this article and fails to obtain a permit required under this article is subject to a civil penalty of not more than five thousand dollars ($5,000) for each violation.
- (d) A person against whom a civil penalty is imposed under this section may protest the penalty and request an administrative hearing. If a hearing is requested, the department shall hold an administrative hearing at which the person has an opportunity to present information as to why the civil penalty should not be assessed.
- (e) The department of state revenue's notice of proposed assessment under IC 6-8.1-5-1 is presumptively valid.
As added by P.L.129-2001, SEC.31. Amended by P.L.176-2006, SEC.12; P.L.45-2011, SEC.5; P.L.218-2017, SEC.90.