Authority: IC 4-33-22-12

Affected: IC 4-33-22

Sec. 5. (a) The amount of a civil penalty may be adjusted upward to reflect particular aggravating factors. Some factors that may be considered are the following:

1. (1) Willful or intentional misconduct.
2. (2) Repeated violations in multiple rolling six (6) month periods.
3. (3) Obstruction or failure to comply with the commission's investigation.
4. (4) Fraudulent conduct.
5. (5) Whether the violation resulted in injury or a victim.
6. (6) Failure to pay the full amount of previously mitigated, agreed upon civil penalties.
7. (7) Whether the violation negatively impacts the integrity or public trust of gaming in the state of Indiana.

(b) Whenever an aggravating factor is identified, the corresponding fine may be increased by the commission. The commission may assess a fine in any amount, up to and including double the amount for each violation.

(c) The commission shall outline applicable aggravating factors in the notice described in section 7 of this rule.

(Indiana Gaming Commission; 68 IAC 24-7-5; filed Nov 18, 2024, 4:45 p.m.: 20241218-IR-068240113FRA)