760 Ind. Admin. Code 4-7-1

Current through September 4, 2024

Section 760 IAC 4-7-1 - Enforcement

Authority: IC 27-19-1-4; IC 27-19-4-1; IC 27-19-4-3

Affected: IC 27-19-1-4; IC 27-19-4-1; IC 27-19-4-3

Sec. 1.

(a) For purposes of this section, "permanently revoke" means that:

(1) the navigator's certification or application organization's registration shall never be reinstated or reissued; and

(2) the former navigator or application organization, after the permanent revocation, is not eligible to submit a navigator or application organization application to the department.

(b) The commissioner has the authority to enforce the provisions of IC 27-19-4 and this article against any navigator or application organization under investigation for or charged with a violation of IC 27-19-4 or this article, even if the navigator's certification or application organization's registration has been surrendered or has lapsed by operation of law.

(c) If a navigator or application organization commits a violation of IC 27-19-4 or this article, the commissioner may take one (1) or a combination of the following actions against the navigator or application organization within a reasonable time, even if the navigator's certification or application organization's registration has been surrendered or has lapsed by operation of law:

(1) Reprimand the navigator or application organization.

(2) Levy a civil penalty against the navigator or application organization.

(3) Place the navigator's certification or application organization's registration on probation.

(4) Suspend a navigator's certification or application organization's registration.

(5) Revoke a navigator's certification or application organization's registration for a period of one (1) or more years.

(6) Permanently revoke a navigator's certification or application organization's registration.

(7) Issue a cease and desist order to a navigator or an application organization.

(8) Refuse to issue or renew a navigator's certification or application organization's registration.

(d) A civil penalty imposed against a navigator or application organization under subsection (c) shall be not less than fifty dollars ($50) and not more than ten thousand dollars ($10,000) per violation. A civil penalty imposed may be enforced in the same manner as a civil judgment.

(e) A navigator or application organization may appeal an action listed under subsection (c) pursuant to section 2 of this rule.

760 IAC 4-7-1

Filed 6/10/2016, 1:21 p.m.: 20160706-IR-760150033FRA

Readopted filed 11/30/2022, 11:39 a.m.: 20221228-IR-760220302RFA