Section 410 IAC 6-9-5.5 - Civil penalties scheduleAuthority: IC 16-19-3-4; IC 16-41-26-8
Affected: IC 4-21.5-3-8; IC 16-41-26
Sec. 5.5.
(a) The board may commence an action under IC 13-1-9 [IC 13-1-9 was repealed by P.L. 2-1993, SECTION 209, effective July 1, 1993. See IC 16-41-26.] and IC 4-21.5-3-8 to levy civil penalties against an agricultural labor camp operator who: (1) fails to comply with IC 13-1-9 [IC 13-1-9 was repealed by P.L. 2-1993, SECTION 209, effective July 1, 1993. See IC 16-41-26.] or this rule; or(2) interferes with or obstructs the state board or its designated agent in the performance of duties pursuant to IC 13-1-9 [IC 13-1-9 was repealed by P.L. 2-1993, SECTION 209, effective July 1, 1993. See IC 16-41-26.].(b) A civil penalty in an amount in the appropriate range specified in this section may be assessed for each day of each violation.(c) In determining the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the state board shall 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) Degree of willfulness or negligence.(4) History of noncompliance. The absence of direct harm shall not result in assessment of a lower penalty for a violation.(d) Unless adjusted as provided for in subsection (e), all penalties shall be in accordance with the following schedule: | Violation | | Range of Penalty |
| Construction notice; permit | 410 IAC 6-9-2 | $50 to $100 |
| Camp facilities | 410 IAC 6-9-3 | $50 to $500 |
| Operation and sanitation: safety requirements | 410 IAC 6-9-4 | $50 to $500 |
| Health or safety hazards; reporting communicable diseases | 410 IAC 6-9-5 | $50 to $500 |
| Interference with agent | 410 IAC 6-9-5.5 | $100 to $500 |
(e) After determining the appropriate penalty based on the schedule in this section, the state board may adjust the penalty to reflect a good faith effort to comply by the operator of an agricultural labor camp.(f) Each individual penalty shall be multiplied by the number of days the particular violation occurred. Penalties for violations occurring in two (2) consecutive inspections by the board shall be assessed on the basis that the violations have remained uncorrected over the period of time between the two (2) inspections.(g) Penalties for all violations shall be totaled and sought under one (1) cause of action.(h) After filing an action pursuant to IC 4-21.5, and in an attempt to resolve violations of IC 13-1-9 [IC 13-1-9 was repealedby P.L. 2-1993, SECTION 209, effective July 1, 1993. See IC 16-41-26.] and this rule without resort to a hearing, the board 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.Indiana State Department of Health; 410 IAC 6-9-5.5; filed Dec 4, 1991, 9:30 a.m.: 15 IR 493; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFAReadopted filed 11/13/2019, 3:14 p.m.: 20191211-IR-410190391RFA