Section 355IAC9-3-2. Determining the violation number and count of violations to be assessed

   For purposes of imposing civil penalties, the state chemist shall comply with the following when determining the violation number and the count of violations:

(1) Only violations committed within the immediate past five (5) years of the date of the violation being addressed shall be considered.

(2) A person's violation numbers shall accumulate as first, second, third, etc., independently for each violation listed on the schedule.

(3) When multiple different but similar or related violations are committed by a single distinguishable act or failure to act, only one (1) of those violations may be subject to a civil penalty for that act. This subdivision is intended to avoid duplicating civil penalty assessment for violation of multiple provisions of the statute or rule that may be essentially the same or closely related. This subdivision is not intended to limit in any way civil penalty assessment for violations that are the result of more than one (1) distinguishable unrelated act or failure to act or a violation of a continuing or repetitive nature.

(4) When civil penalty assessment procedures outlined in subdivision (3) are being followed, the state chemist will utilize the appropriate violation with the highest penalty listed on the schedule.

(State Chemist of the State of Indiana; 355 IAC 9-3-2; filed May 7, 2010, 9:48 a.m.: 20100602-IR-355090797FRA; readopted filed Oct 6, 2016, 8:56 a.m.: 20161102-IR-355160128RFA)