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. 4. (a) The amount of a fine and/or severity of a penalty imposed by the commission may be decreased or reduced due to the existence of one or more mitigating factor(s).

(b) Mitigating factors that may be considered by the commission and prosecutor when assessing a fine or penalty under this article include:

1. (1) Good faith efforts to remain in compliance with the laws, rules, or regulations of the commission or otherwise prevent the violation from occurring.
2. (2) Voluntary cooperation during any investigation or violation proceeding, if applicable.
3. (3) A history of compliance with the laws, rules, or regulations of the commission.
4. (4) Any remedial or corrective actions taken.
5. (5) Any other mitigating factor reasonably related to the enforcement of the laws, rules, and regulation of the commission.

(Alcohol and Tobacco Commission; 905 IAC 2-2-3; filed Feb 27, 2025, 1:33 p.m.: 20250326-IR- 905240384FRA)