Authority: IC 4-22-2-19.6; IC 4-36-3-3; IC 7.1-2-3-7; IC 7.1-3-18.5-4
Affected: IC 4-36; IC 7.1; IC 24-3-2; IC 35-46-1
Sec. 3. (a) The amount of a fine or the severity of a penalty, or both, imposed by the commission may be increased or elevated due to the existence of one or more aggravating factors.
(b) Aggravating factors that may be considered by the commission or prosecutor when assessing a fine or penalty under this article include:
- (1) Evidence that the violation was knowingly or intentionally committed.
- (2) Evidence that a permittee was on the proactive alcohol compliance and enforcement (PACE) program when the violation occurred.
- (3) Evidence that a notice of warning was previously issued by the commission for similar conduct.
- (4) Evidence that the violation resulted in the death or serious bodily injury of one or more persons.
- (5) Evidence that the violation involved one or more minors.
- (6) Lack of cooperation during any investigation or violation proceeding, if applicable.
- (7) Any previous violations committed for the same or similar offense.
- (8) Any other aggravating factor reasonably related to the enforcement of the laws, rules, and regulations of the commission.
(Alcohol and Tobacco Commission; 905 IAC 2-2-2; filed Feb 27, 2025, 1:33 p.m.: 20250326-IR- 905240384FRA)