Authority: IC 22-6-6-11

Affected: IC 4-21.5-3-29; IC 22-6-6

Sec. 5. (a) If after conducting an investigation, the department determines that a violation has occurred, the department may conduct a hearing to determine if an administrative order should be issued against the respondent.

(b) Proceedings under this section are governed by IC 4-21.5.

(c) The department may appoint an administrative law judge to conduct the hearing and issue a recommended order.

(d) The recommended order may be affirmed, modified, or dissolved under the procedures described in IC 4-21.5-3-29.

(e) The administrative order issued under this section may award any or all of the following to an individual who filed a complaint under this section if the department finds that a violation or threated [sic] violation occurred:

1. (1) The greater of:

   1. (A) actual and consequential damages resulting from the violation or threatened violation; or
   2. (B) liquidated damages of not more than one thousand dollars ($1,000).
2. (2) The individual's reasonable attorney's fees incurred in connection with the action.
3. (3) Declaratory or equitable relief, including injunctive relief.
4. (4) Other relief that the department finds is proper.

(f) If a violation continues over a period of time, any relief awarded under subsection (e)(1) is limited to the time period beginning ninety (90) days prior to the date the complainant filed a complaint with the department.

(Department of Labor; 610 IAC 11-1-5; filed Aug 3, 2012, 1:38 p.m.: 20120829-IR-610120190FRA, eff Sep 12, 2012; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)