IC 22-2-18.1-31: Civil penalties; second and subsequent violations

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.