Authority: IC 25-1-11-12; IC 25-30-1-5.5

Affected: IC 25-30

Sec. 2. (a) Unless otherwise established in this title, fines and civil penalties levied by the board are set at fifty percent (50%) of the statutory maximum. If no statutory maximum is set, the fine or civil penalty is set at one thousand dollars ($1,000).

(b) A fine or civil penalty levied under subsection (a) may be reduced or increased after consideration of the mitigating factors identified in subsection (c) and aggravating factors identified in subsection (d). No fine or civil penalty may be set at less than one hundred dollars ($100).

(c) Mitigating factors include the following:

1. (1) Inability to pay.
2. (2) Acknowledging responsibility for underlying conduct.
3. (3) Acts prior to the underlying conduct to prevent or reduce damage to the public.
4. (4) Likelihood that the underlying conduct will not recur.
5. (5) The underlying conduct resulted from provocation, stress, emotional problems, or other circumstances that might offer an explanation.
6. (6) Timely and voluntary disclosure of the conduct underlying the fine or penalty.
7. (7) Subsequent remedial acts deemed appropriate by the board.

(d) Aggravating factors include the following:

1. (1) The underlying conduct resulted in moderate damage to the public.
2. (2) The underlying conduct resulted in severe damage to the public.
3. (3) The underlying conduct involved dishonesty or deception.
4. (4) The underlying conduct occurred as part of an overall pattern of improper conduct.
5. (5) The underlying conduct was motivated by bias against a protected class.
6. (6) Previous board discipline.

7. (7) The underlying conduct involved a vulnerable member of the public, including an individual:

   1. (A) less than twelve (12) years of age;
   2. (B) more than sixty-five (65) years of age;
   3. (C) with a disability; or
   4. (D) under the licensee's care, custody, or control.
8. (8) Failure to cooperate in a consumer complaint investigation or board proceeding.
9. (9) Dishonesty during board proceedings.

(Private Investigator and Security Guard Licensing Board; 874 IAC 2-1-2; filed Apr 3, 2025, 4:09 p.m.: 20250430-IR-874240610FRA)