Section 312IAC13-12-4. Administrative review of a sanction against a water well drilling license

   (a) The commission may consider the factors set forth in this section in conducting administrative review of an order issued by the department under section 2 or 3 of this rule.

  (b) Mitigating factors are as follows:

(1) The person against whom action is taken has not previously been adjudicated by the commission or a court to have violated IC 25-39 or this article.

(2) The violation appears to have been unintentional.

(3) The violation was an isolated occurrence.

(4) Contamination is unlikely to have occurred as a result of the violation.

(5) Where a violation has occurred, the person has acted diligently to correct the violation.

  (c) Aggravating factors are as follows:

(1) The person against whom action is taken has previously been adjudicated by the commission or a court to have violated IC 25-39 or this article.

(2) The violation appears to have been intentional.

(3) A pattern of violations has occurred.

(4) Significant contamination is likely to have occurred as a result of the violation.

(5) A hazard to human health is likely to have occurred as a result of the violation.

(Natural Resources Commission; 312 IAC 13-12-4; filed Nov 22, 1999, 3:34 p.m.: 23 IR 775; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed May 20, 2011, 3:28 p.m.: 20110615-IR-312110002RFA)