Section 312IAC25-7-17. Civil penalties; waiver

   The director, upon the director's own initiative or upon written request, may waive the civil penalty for a notice of violation, in whole or in part, if he or she determines that, taking into account exceptional factors present in the particular case, the penalty would be demonstrably unjust. However, the director shall not waive the penalty on the basis of an argument that a reduction in the proposed penalty could be used to abate violations of IC 14-34, this article, or any condition of a permit or exploration approval. The basis for every waiver shall be fully explained and documented in the records of the case. (Natural Resources Commission; 312 IAC 25-7-17; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3600, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA)