Indiana § 8-1-29.5-7 Factors commission may consider in imposing civil penalty; waiver of
civil penalty; use of civil penalties collected

Indiana Statutes

§ 8-1-29.5-7 — Factors commission may consider in imposing civil penalty; waiver of civil penalty; use of civil penalties collected

Indiana § 8-1-29.5-7

Art. 1UTILITIES GENERALLY

Ch. 29.5Enforcement Remedies for Prohibited Actions by

This text of Indiana § 8-1-29.5-7 (Factors commission may consider in imposing civil penalty; waiver of civil penalty; use of civil penalties collected) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 8-1-29.5-7 (2026).

Text

(a)In imposing a civil penalty under section 6(b)(4) of this chapter, the commission may consider the following factors:

(1)The duration and gravity of the offense, including the number of customers affected.

(2)Economic benefits accrued by the provider or certificate holder as a result of the offense.

(3)The amount of a civil penalty that will deter future offenses by the provider or certificate holder.

(4)The market share of the provider or certificate holder in the affected service areas.

(5)Good faith of the provider or certificate holder in attempting to remedy the offense after receiving notification of the offense.

(b)If the commission waives a civil penalty for any offense described in section 6(b)(4) of this chapter, the commission must make a written finding as to why it i

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(a) In imposing a civil penalty under section
6(b)(4) of this chapter, the commission may consider the following
factors:
(1) The duration and gravity of the offense, including the number
of customers affected.
(2) Economic benefits accrued by the provider or certificate
holder as a result of the offense.
(3) The amount of a civil penalty that will deter future offenses by
the provider or certificate holder.
(4) The market share of the provider or certificate holder in the
affected service areas.
(5) Good faith of the provider or certificate holder in attempting
to remedy the offense after receiving notification of the offense.
(b) If the commission waives a civil penalty for any offense
described in section 6(b)(4) of this chapter, the commission must make
a written finding as to why it is waiving the civil penalty. The
commission may waive a civil penalty under section 6(b)(4) of this
chapter if the commission finds that the offense is the result of any of
the following:
(1) Technological infeasibility.
(2) An act of God.
(3) A defect in, or prohibited use of, customer provided
equipment.
(4) A negligent act of a customer.
(5) An emergency situation.
(6) Unavoidable casualty.
(c) The secretary of the commission shall direct a civil penalty
imposed and collected under section 6(b)(4) of this chapter as follows:
(1) A civil penalty imposed for an offense that directly affects
retail customers must be refunded directly to the customers of the
provider or certificate holder in the form of credits on customer
bills.
(2) A civil penalty imposed for an offense not described in
subdivision (1) must be deposited into an account designated by
the Indiana economic development corporation for use by the
corporation in making loans or grants to broadband developers
and operators.