IC 16-41-16-10: Orders of compliance; civil penalties

Sec. 10. (a) The state department may commence an action under IC 4-21.5-3-6 or IC 4-21.5-4 for issuance of an order of compliance and a civil penalty not to exceed one thousand dollars ($1,000) per violation per day against a person who:

(1) fails to comply with this chapter or a rule adopted under this chapter; or

(2) interferes with or obstructs the state department or the state department's designated agent in the performance of official duties under this chapter or a rule adopted under this chapter.

(b) The state department may commence an action against a facility licensed by the state department under either subsection (a) or the licensure statute for that facility, but the state department may not bring an action arising out of one (1) incident under both statutes.

(c) In determining the nature of a violation and the amount of a civil penalty under subsection (a), the state department shall consider the following factors:

(1) The potential harm or imminent threat to public health.

(2) The extent of a deviation from the requirements of this chapter.

(3) The degree of willfulness, recklessness, or negligence.

(4) Whether the person who committed the violation has previously failed to comply with the requirements of this chapter.

(5) Whether the person who committed the violation engaged in any of the following:

(A) Obstruction of the state department's duties under this chapter.

(B) Failure to cooperate with the state department.

(C) Fraudulent conduct.