Authority: IC 4-33-4-2; IC 4-35-4-3; IC 4-38-3-1
Affected: IC 4-33-4-8; IC 4-35-4-10; IC 4-38-1-4
Sec. 3. The amount of a civil penalty may be adjusted downward to reflect particular mitigating factors. Factors that may be considered are the following:
- (1) The licensee's good faith efforts to comply or prevent the violation.
- (2) Existence of written policies governing occupational licensee conduct.
- (3) Cooperation by the licensee with the commission during the investigation process.
- (4) The licensee's history of compliance.
- (5) Remedial or corrective action taken by the licensee.
- (6) The licensee self-reporting the violation; however, reports of a violation identified and reported by a surveillance under 68 IAC 12-1-8(a)(5)(H) are not considered self-reported for purposes of this section.
- (7) Any other factor raised by the licensee for commission consideration as a mitigating factor to the violation.
(Indiana Gaming Commission; 68 IAC 28-2-3; filed Nov 18, 2024, 4:00 p.m.: 20241218-IR- 068240116FRA)