Authority: IC 22-12-6-6; IC 22-13-2-13

Affected: IC 22-12-7-7

Sec. 16. (a) Except for penalties subject to administrative review by the board of firefighting personnel standards and education, this section applies to civil penalties issued under IC 22-12-7-7(5).

(b) The department shall impose civil penalties for failure to correct violations by the date ordered as follows:

1. (1) An initial two hundred fifty dollar ($250) penalty is issued for each violation not corrected by the date ordered.
2. (2) After issuing a civil penalty and until each violations is corrected, additional two hundred fifty dollar ($250) penalties are issued for each violation not corrected within thirty (30) days after issuing a previously issued civil penalty.

The department may extend the dates identified in this subsection for good cause shown, if a request for extension is received before the date to be extended.

(c) The department shall impose civil penalties without first providing an opportunity to correct violations as follows:

1. (1) A two hundred fifty dollar ($250) penalty is issued for each violation that represents intentional misconduct or fraud by a responsible person. Previous violations of the same or similar requirements within the past year is prima facie evidence of intentional misconduct.
2. (2) A two hundred fifty dollar ($250) penalty is issued for continuing an activity required to be permitted, licensed, or otherwise authorized by the department or commission after the permit, license, or other authorization has expired.
3. (3) A two hundred fifty dollar ($250) penalty is issued for conducting an activity required to be permitted, licensed, or otherwise authorized by the department or commission if the activity is found to clearly require a prior permit, license, or authorization by the department or commission.

Additional penalties for those identified in this subsection proceed as set forth in subsection (b)(2).

(d) Penalties are due within thirty (30) days after issuance. Failure to satisfy the judgment within this period may result in civil collection proceedings.

(e) Nothing in this section shall be construed as limiting the department's authority to take other actions authorized under IC 22-12-7- 7.

(f) Outstanding penalties must be satisfied before renewing or obtaining any permit, license, registration, certification, or other similar authorization from the department or commission.

(Fire Prevention and Building Safety Commission; 675 IAC 12-3- 16; filed Nov 20, 2024, 11:48 a.m.: 20241218-IR-675240260FRA)