Ind. Admin. Code tit. 170, r. 5-5-3 – Process for determining violations and penalties

Sec. 3. (a) The pipeline safety division shall investigate alleged violations of IC 8-1-26.

(b) The pipeline safety division shall determine whether a violation of IC 8-1-26 occurred and by which person or entity. After making a determination of a violation, the pipeline safety division shall forward its findings of violations to the advisory committee.

(c) The pipeline safety division will provide the person or entity accused of violating IC 8-1-26 with notice and an opportunity to appear before the advisory committee to provide written evidence prior to the advisory committee making a recommendation on the summary damage report.

(d) A person or entity accused of violating IC 8-1-26 may send correspondence and written evidence regarding the pipeline safety division's finding of a violation to the advisory committee or appear at the public meeting in person to provide the written evidence.

(e) The advisory committee shall use a publicly available penalty schedule when determining recommended penalties.

(f) Upon receiving a recommendation from the advisory committee, the commission shall provide the person or entity accused of violating IC 8-1-26 with notice of the advisory committee's recommendation and provide the person or entity thirty (30) days to request a public hearing on the advisory committee's recommendation.

(g) A request for a public hearing before the commission must be filed and served following the procedures in 170 IAC 1-1.1.

(h) If a person or entity accused of violating IC 8-1-26 does not request a public hearing, the commission may act upon the advisory committee's recommendation.

(i) All hearings before the commission regarding violations of IC 8-1-26 are subject to the commission's rules of practice and procedure.

(Indiana Utility Regulatory Commission; 170 IAC 5-5-3; filed May 25, 2011, 12:57 p.m.: 20110622-IR-170100184FRA; readopted filed Apr 11, 2017, 9:52 a.m.: 20170510-IR-170170124RFA; filed Sep 20, 2023, 4:06 p.m.: 20231018-IR-170220359FRA, eff Jan 5, 2024)