§ 14-10-2-6 — Notices of violation

Indiana § 14-10-2-6

• Jurisdiction: Indiana
• Art. 10: NATURAL RESOURCES COMMISSION
• Ch. 2: Powers and Duties of Commission

Text

(a) The commission may issue a notice of
violation to a person who violates a law administered by the
department for which a misdemeanor or an infraction penalty is
established. If the person:
(1) receives the notice; and
(2) fails to abate the violation within a period of not less than
fifteen (15) days specified in the notice;
the commission may impose a charge that does not exceed the
maximum amount that may be assessed by a court for committing the
violation.
(b) IC 4-21.5 applies to proceedings by the commission under this
section. The department has the burden of proving the alleged violation
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 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) The remedy provided by this section is supplemental to other
remedies and subject to administrative adjudication under IC 4-21.5.
[Pre-1995 Recodification Citation: 14-3-3-22.]

Legislative History

As added by P.L.1-1995, SEC.3. Amended by P.L.92-2025, SEC.18.