Civil Penalties; Second and Subsequent Violations

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Sec. 31. (a) A civil penalty assessed under section 30 of this chapter:

(1) is subject to IC 4-21.5-3-6; and

(2) becomes effective without a proceeding under IC 4-21.5-3 unless a person requests an administrative review not later than thirty (30) days after notice of the assessment is given.

(b) For purposes of determining:

(1) whether a second violation has occurred when assessing a civil penalty under subsection (a), a first violation expires one (1) year after the date of issuance of a warning letter by the department under section 30 of this chapter; and

(2) recurring violations of this section, each location of an employer shall be considered separate and distinct from another location of the same employer.

As added by P.L.147-2020, SEC.16.


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