Section 312IAC13-12-5. Notice of violation

   (a) The department may issue a complaint for a notice of violation under IC 14-10-2-6 against a person who violates IC 25-39-5. The complaint shall be filed with the division of hearings of the commission and is subject to IC 4-21.5-3-8. The division of hearings shall cause the complaint to be served upon the parties named in the complaint.

  (b) The department has the burden of proving any violation alleged in the complaint by a preponderance of the evidence.

  (c) A separate notice of violation may be issued or a separate charge imposed for each day a violation occurs.

  (d) The person who is the subject of the complaint may establish as an affirmative defense the filing by a prosecuting attorney of a misdemeanor information or infraction complaint based on the same event as that upon which the notice of violation was based. The person has the burden of proving the affirmative defense.

  (e) If following a completed proceeding under IC 4-21.5 the commission finds the violation occurred, the commission shall order the person to abate the violation within a reasonable period of time. The abatement period shall not be less than fifteen (15) days. The order shall also specify that, if the violation is not abated within the specified time, the person shall pay a charge that does not exceed the maximum amount that may be assessed by a court for committing the violation as an infraction or misdemeanor. (Natural Resources Commission; 312 IAC 13-12-5; 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)

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