Authority: IC 27-1-6-21

Affected: IC 27-1-6

Sec. 4. (a) The amount of a fine or civil penalty may be adjusted upward from the base amount set forth in section 5 of this rule to reflect aggravating factors. The commissioner may consider the following factors:

(1) Willful or intentional misconduct.

(2) Duration and frequency of the violation.

(3) History of similar prior violations.

(4) Fraudulent conduct.

(5) Whether the violation resulted in financial harm.

(6) Whether the violation negatively impacts the integrity or public trust of insurance in the state of Indiana.

(7) Evidence that a person received financial gain or other benefit as a result of the violation.

(b) Whenever an aggravating factor is identified, the corresponding fine or civil penalty outlined under section 5 of this rule may be increased by any amount, up to and including five (5) times for each violation. However, the amount assessed for each violation may not exceed the amounts set forth in applicable law.

(Department of Insurance; 760 IAC 6-2-4; filed Sep 9, 2025, 1:57 p.m.: 20251008-IR-760250163FRA)