Authority: IC 10-11-2-10; IC 10-13-2-9; IC 10-13-2-10

Affected: IC 10-13-2-3; IC 10-13-2-4

Sec. 12. (a) The IDACS committee shall review violations of IDACS rules and make recommendations to the state police superintendent to impose sanctions on user agencies.

(b) The objectives of the sanction procedure shall be as follows:

1. (1) To ensure the integrity of the SYSTEM.
2. (2) Create an awareness among user agencies of the importance of following rules, regulations, and procedures in order to minimize the risk to liabilities that may be incurred by misuse of the SYSTEM and its data.

(c) Sanctions shall be based upon the class of violation, any previous violations, and any exposure to criminal and civil liabilities that the violation might place on the SYSTEM, its officials, and the offending agency.

(d) Violations shall be classed as either administrative (minor) or security (serious) violations. Security violations being defined as one which has or could result in access of SYSTEM data by unauthorized individuals. All other violations are classed as administrative.

(e) In determining the severity of the violation, the violation type, either administrative or security, and previous sanctions issued, if any, shall be considered. The IDACS committee may impose as sanctions one (1) of the following:

1. (1) Verbal warning.
2. (2) Written warning.
3. (3) Written notice of violation.
4. (4) Written notice of probation.
5. (5) Written notice of temporary suspension.
6. (6) Written notice of permanent suspension.

(f) Temporary or permanent suspension of service will not begin, unless an emergency exists, until fifteen (15) days after the agency head has received written notice by certified mail or personal service.

(g) An agency may after one (1) year apply to be reinstated if placed on permanent suspension.

(State Police Department; 240 IAC 5-2-12; filed Aug 6, 1990, 4:40 p.m.: 13 IR 2105; readopted filed Oct 17, 2001, 10:05 a.m.: 25 IR 935; readopted filed Jul 2, 2007, 3:01 p.m.: 20070711-IR-240070255RFA; readopted filed Dec 2, 2013, 10:29 a.m.: 20140101-IR-240130458RFA; readopted filed Nov 30, 2020, 2:49 p.m.: 20201230-IR-240200497RFA)