Authority: IC 8-1-29.5

Affected: IC 8-1-29.5

Sec. 1. In considering whether to impose a penalty under IC 8-1-29.5 and the amount of the penalty, the commission shall consider the following factors:

1. (1) Whether the pattern of conduct shows a willful disregard, as evidenced by a continuing pattern of conduct, by the provider or certificate holder, of its obligation to remedy the offense after the provider or the certificate holder becomes aware of the offense.

2. (2) Whether the conduct involves repeated errors in bills issued to at least one (1) customer class, and if the errors:

   1. (A) represent intentional misconduct or an act of fraud by the provider or certificate holder, or by any officer, accountant, or agent of the provider or certificate holder; or
   2. (B) demonstrate, by a continuing pattern of conduct, a willful disregard by the provider or certificate holder of its obligation to remedy the errors after the provider or certificate holder becomes aware of the errors.

(Indiana Utility Regulatory Commission; 170 IAC 7-8-1; filed Jan 29, 2025, 9:29 a.m.: 20250226-IR-170240392FRA)