Authority: IC 12-10-1-7

Affected: IC 12-10

Sec. 3. The amount of a fine may be adjusted upward to reflect aggravating factors. Factors that may be considered are as follows:

1. (1) Evidence of willful, intentional, or fraudulent conduct by the provider or provider's staff contributing to the violation.
2. (2) Evidence that the violation resulted from failure to comply with a previous corrective action plan.
3. (3) A history of provider noncompliance with prior sanctions or corrective action plans.
4. (4) A history of repeated violations by the provider.
5. (5) The violation results in harm or death to an individual.

(Division of Aging; 455 IAC 1-12-3; filed May 19, 2025, 10:41 a.m.: 20250618-IR-455240427FRA; readopted filed Oct 8, 2025, 3:16 p.m.: 20251105-IR-455240503RFA)