71 Ind. Admin. Code 10-6-2

Current through December 4, 2024

Section 71 IAC 10-6-2 - Penalty mitigation

Authority: IC 4-31-3-9; IC 4-31-12-15; IC 4-31-12-16

Affected: IC 4-31-13-1; IC 4-31-13-2

Sec. 2.

The amount of a civil penalty levied may be adjusted downward to reflect mitigating factors. Factors that may be considered are as follows:

(1) The licensee's good faith efforts to comply or prevent the violation.

(2) Cooperation by the licensee with the commission during the investigation process.

(3) Cooperation by the licensee with the commission in other related investigations.

(4) The licensee's positive reputation in their local community, as well as the licensee community.

(5) The violation has no impact on the integrity of horse racing.

(6) The licensee's violation was immediately self-reported to the commission.

(7) The violation is the first offense committed by the licensee in any jurisdiction.

(8) Remedial or corrective action taken by the licensee to prevent further similar violations.

(9) Duplicate violations resulting from a single act.

71 IAC 10-6-2

Indiana Horse Racing Commission; 71 IAC 10-6-2; filed 10/15/2024, 2:08 p.m.: 20241113-IR-071240252FRA