Ind. Admin. Code tit. 820, r. 5-1-49 – Levying civil penalties

Sec. 49. (a) The board may commence an action to levy civil penalties against the owner or operator of a tanning facility who does either of the following:

(1) Fails to comply with any federal, state, or local statute, rule, or ordinance regarding sunlamp products or the operation of any enterprise that owns sunlamp products.
(2) Interferes with or obstructs the board or its designated agent in the performance of its duties.

(b) A civil penalty shall not exceed one thousand dollars ($1,000) per violation and the absence of harm will not result in assessment of a lower penalty for a violation.

(c) In the determination of the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the department will consider the following:

(1) The potential for harm or imminent threat to public health.
(2) The extent of deviation from statutory or regulatory requirements.
(3) The degree of willfulness or negligence.
(4) Any history of noncompliance.

(d) After determining the appropriate penalty based on the schedule in this section, the department may adjust the penalty to reflect a good faith effort to comply by the owner or operator of a tanning facility.

(e) Each individual penalty may be multiplied by the number of days the particular violation occurred.

(f) After filing an action under IC 4-21.5, and in an attempt to resolve violations without resort to a hearing, the department may negotiate and enter into agreed orders. An agreed order may suspend all or part of the civil penalty calculated under the requirements and deadlines established in the agreed order.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-49; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1384; filed Sep 17, 1998, 3:55 p.m.: 22 IR 460; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR- 820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-49) to the State Board of Cosmetology Examiners (820 IAC 5-1-49) by P.L.142- 1995, SECTION 33, effective July 1, 1995.