Indiana § 15-16-4-69 - Violations; penalties; disposition of penalties

§ 15-16-4-69. Violations; penalties; disposition of penalties

Sec. 69. (a) Subject to this section, if a person violates this chapter or a rule adopted under this chapter, the state chemist under IC 4-21.5-3-6 may warn, cite, or impose a civil penalty on the person or:

(1) deny;

(2) suspend;

(3) revoke; or

(4) amend;

the person's registration under this chapter.

(b) The state chemist may impose civil penalties under this section only in accordance with subsections (c) through (e). However, this section does not require the state chemist to impose a civil penalty on a person for any violation of this chapter or a rule adopted under this chapter.

(c) Except for a violation described in subsection (d) or (e), the state chemist may impose a civil penalty not exceeding two hundred fifty dollars ($250) for a violation of this chapter or any rule adopted under this chapter. A civil penalty imposed under this subsection may be adjusted for mitigating actions described in subsection (f). A civil penalty under this subsection may not be imposed unless a warning for a violation has previously been issued to the person for the same violation within the previous five (5) years.

(d) Subject to adjustment under subsection (f) for mitigating actions, the state chemist may impose a civil penalty not exceeding five hundred dollars ($500) if the state chemist finds that a person has done any of the following:

(1) Unknowingly committed an act described in section 57(1) of this chapter.

(2) Committed an act described in section 57(2) through 57(5) of this chapter.

(3) Unknowingly committed an act described in section 66(1) of this chapter.

(4) Committed an act described in section 66(2) or 66(3) of this chapter.

(5) Stored or dispensed a general use pesticide in a manner inconsistent with 40 CFR 165.

(e) The state chemist may impose a civil penalty of one thousand dollars ($1,000) if the state chemist finds that a person has done any of the following:

(1) Knowingly committed an act described in section 57(1) of this chapter.

(2) Committed an act described in section 57(8) of this chapter.

(3) Knowingly committed an act described in section 66(1) of this chapter.

(4) Committed an act described in section 67, 68, 73(c), or 77 of this chapter.

(5) Stored or dispensed a restricted use pesticide in a manner inconsistent with 40 CFR 165.

(6) After notice, refused to comply with this chapter, the rules adopted under this chapter, or a lawful order of the state chemist or board.

(f) The state chemist may not adjust the amount of the civil penalty for a violation listed in subsection (e). The state chemist may reduce the amount of the civil penalty for a violation listed in subsection (c) or (d) if the state chemist finds that the person responsible for the violation has taken any of the following mitigating actions:

(1) Cooperated with the state chemist during the investigation or inspection process.

(2) Took corrective action to prevent future similar violations.

(3) Compensated a victim for any adverse effects that resulted from the violation.

The state chemist may reduce the amount of the civil penalty by twenty percent (20%) for each mitigating action taken by the person responsible for the violation.

(g) A proceeding under IC 4-21.5-3 that involves the imposition of a civil penalty may be consolidated with any other proceeding commenced under IC 4-21.5 to enforce this chapter or the rules adopted under this chapter.

(h) The state chemist shall limit the imposition of a civil penalty in a proceeding involving multiple counts of repeated incidents of the same violation to five (5) counts.

(i) Any findings related to a violation of this chapter must be disclosed to the alleged violator before a:

(1) final determination is made; and

(2) penalty is assessed.

(j) Unless the state chemist has evidence of wrongdoing by the licensed pesticide business, any warnings, citations, or civil penalties regarding a pesticide use in violation of this chapter must be directed at:

(1) the employee who committed the violation; or

(2) the person who was responsible for the supervision of the employee who committed the violation.

(k) Money collected for civil penalties imposed under this section shall be credited to the office of Purdue pesticide programs. The money may be used only to provide education about pesticides.

[Pre-2008 Recodification Citation: 15-3-3.5-18.3.]

As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.11; P.L.76-2021, SEC.2; P.L.29-2024, SEC.19.