Authority: IC 8-1-22.5-4

Affected: IC 8-1-22.5-7

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. (1) Gravity of the violation, including whether and the degree to which the violation resulted in property damage, injury, hospitalization, or fatality.
2. (2) Seriousness of the violation, including whether and the degree to which the violation posed an imminent hazard to public health and safety.
3. (3) Culpability of the operator, including whether the violation was negligent, reckless, or intentional.
4. (4) Violation history, such as whether the type of violation has been repeated by the operator at least one (1) time.
5. (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. (1) Cooperation, including whether the operator self-reported the violation and took immediate action to rectify the violation.
2. (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)