Section 357IAC1-6-5. Potential penalty mitigation

   (a) The amount of a civil penalty may be adjusted downward to reflect particular mitigating factors. Some factors that may be considered are the following:

(1) Good faith efforts of the violator to comply.

(2) Cooperation by the violator with the state chemist during the investigation process.

(3) The violator's history of compliance.

(4) Whether the violation involved a restricted use pesticide.

(5) The potential for damage.

(6) Remedial or corrective action taken by the violator.

  (b) Failure to pay the full amount of any previously mitigated civil penalty by the date prescribed by the state chemist may subject the violator to the full amount of the nonmitigated civil penalty. (Indiana Pesticide Review Board; 357 IAC 1-6-5; filed Jan 9, 1992, 3:00 p.m.: 15 IR 707; readopted filed Oct 29, 2001, 4:41 p.m.: 25 IR 936; filed Jan 7, 2005, 2:15 p.m.: 28 IR 1692; readopted filed Nov 18, 2011, 1:21 p.m.: 20111214-IR-357110572RFA)