IC 9-24-6.1-3.4: Business enterprises; education and training; violations; penalties

Sec. 3.4. (a) As used in this section, "business enterprise" means a person or entity that educates, trains, or otherwise prepares an individual to operate a commercial motor vehicle.

(b) A business enterprise may not educate, train, or otherwise prepare an individual to operate a commercial motor vehicle if:

(1) the individual is ineligible to obtain a commercial driver's license under Indiana law or federal law; and

(2) the business enterprise knew or, in the exercise of reasonable diligence, should have known of the individual's ineligibility.

(c) A business enterprise that violates subsection (b) is subject to a civil penalty of fifty thousand dollars ($50,000) for each violation.

(d) A business enterprise may not operate in substantial noncompliance with applicable commercial driver training standards established under federal law or Indiana law.

(e) A business enterprise that violates subsection (d) is subject to a civil penalty of fifty thousand dollars ($50,000) for each violation.

(f) The attorney general shall enforce this section and may bring an action to:

(1) collect a civil penalty imposed under this section; and

(2) recover the reasonable costs of investigation and enforcement, including attorney's fees.

(g) A civil penalty collected by the attorney general under this section must be deposited in the attorney general contingency fee fund established by IC 4-6-16-6.