title-345-article-1.5•345 IAC 1.5 — ARTICLE 1.5. CIVIL PENALTY SCHEDULE
345 IAC 1.5 — ARTICLE 1.5. CIVIL PENALTY SCHEDULE
title-345-article-1.5345 IAC 1.5Regulation
TITLE 345 INDIANA STATE BOARD OF ANIMAL HEALTH
ARTICLE 1.5. CIVIL PENALTY SCHEDULE
Rule 1
345 IAC 1.5-1-1 345 IAC 1.5-1-1 Purpose
Rule 1. General Provisions
345 IAC 1.5-1-1 Purpose
Authority: IC 15-17-3-21; IC 15-17-5-5; IC 15-17-5-17
Affected: IC 15-17; IC 15-21-7-1
Sec. 1. The purpose of this article is to establish a civil penalty schedule for violations of:
(1) IC 15-17 (ANIMAL HEALTH AND ANIMAL PRODUCTS); and
(2) IC 15-21 (COMMERCIAL DOG BREEDER REGULATION);
and rules adopted under these statutes. This article establishes a schedule and assessment factors that furthers the fair and consistent assessment of civil penalties for violations of state animal health and animal product laws and rules.
(Indiana State Board of Animal Health; 345 IAC 1.5-1-1; filed Feb 27, 2025, 11:44 a.m.: 20250326-IR-345240377FRA)
Rule 2
345 IAC 1.5-2-1 345 IAC 1.5-2-1 Applicability
Rule 2. Definitions
345 IAC 1.5-2-1 Applicability
Authority: IC 15-17-3-21; IC 15-17-5-5; IC 15-17-5-17
Affected: IC 15-17; IC 15-21-7-1
Sec. 1. The definitions in this rule apply throughout this article.
(Indiana State Board of Animal Health; 345 IAC 1.5-2-1; filed Feb 27, 2025, 11:44 a.m.: 20250326-IR-345240377FRA)
345 IAC 1.5-2-2 345 IAC 1.5-2-2 "Board" defined
345 IAC 1.5-2-2 "Board" defined
Authority: IC 15-17-3-21; IC 15-17-5-5; IC 15-17-5-17
Affected: IC 15-17-3-1; IC 15-21-7-1
Sec. 2. "Board" means the Indiana state board of animal health established at IC 15-17-3-1.
(Indiana State Board of Animal Health; 345 IAC 1.5-2-2; filed Feb 27, 2025, 11:44 a.m.: 20250326-IR-345240377FRA)
345 IAC 1.5-2-3 345 IAC 1.5-2-3 "Legal citation" defined
345 IAC 1.5-2-3 "Legal citation" defined
Authority: IC 15-17-3-21; IC 15-17-5-5; IC 15-17-5-17
Affected: IC 15-17; IC 15-21-7-1
Sec. 3. "Legal citation" means the Indiana Code or Indiana Administrative Code section or subsection cited on the schedule to describe the relevant portion of a board statute or rule that has been violated.
(Indiana State Board of Animal Health; 345 IAC 1.5-2- 3; filed Feb 27, 2025, 11:44 a.m.: 20250326-IR-345240377FRA)
345 IAC 1.5-2-4 345 IAC 1.5-2-4 "Schedule" defined
345 IAC 1.5-2-4 "Schedule" defined
Authority: IC 15-17-3-21; IC 15-17-5-5; IC 15-17-5-17
Affected: IC 4-22-2-19.6; IC 15-17; IC 15-21-7-1
Sec. 4. "Schedule" means the civil penalty schedule required by IC 4-22-2-19.6 and as specified in 345 IAC 1.5-3.
(Indiana State Board of Animal Health; 345 IAC 1.5-2-4; filed Feb 27, 2025, 11:44 a.m.: 20250326-IR- 345240377FRA)
Rule 3
345 IAC 1.5-3-1 345 IAC 1.5-3-1 Schedule
Rule 3. Civil Penalty Schedule
345 IAC 1.5-3-1 Schedule
Authority: IC 15-17-3-21; IC 15-17-5-5; IC 15-17-5-17
Affected: IC 4-21.5-2.5-2; IC 15-17; IC 15-18; IC 15-21-7-1
Sec. 1. The schedule of civil penalties for violations of IC 15-17, IC 15-21, and the rules adopted under these laws are as follows:
| Legal Citation | General Description of Violation | Range of Penalties First Offense (per violation) | Range of Penalties Subsequent Offenses (per violation) |
| IC 15-17-12; 345 IAC 1-1.1 | Sale of disease treatments or diagnostic agents | $0 - $500 | $0 - $1,000 |
| IC 15-17-15; IC 15-17-18; 345 IAC 1-1.5; 345 IAC 1-3 | Moving animals subject to an order of quarantine in violation of the quarantine; interference with official identification or documentation; sale or transfer of diseased animals; transporting a reactor with other animals; transporting animals into Indiana in violation of state law. These violations are considered major violations under IC 4-21.5-2.5-2(1)(E). | $0 - $2,000 | $0 - $5,000 |
| IC 15-17-10; 345 IAC 1-6; 345 IAC 1-7 | Reportable disease law and associated rules; acquisition and disposition of animals and objects | $0 - $500 | $0 - $1,000 |
| IC 15-17-9; 345 IAC 3-4; 345 IAC 3-5.1 | Failure to comply with the swine pseudorabies and brucellosis control laws | $0 - $1,000 | $0 - $5,000 |
| IC 15-17-7; IC 15-17-8; 345 IAC 2-6; 345 IAC 2.5-3; 345 IAC 2.5-4; 345 IAC 2.5-5 | Failure to comply with the brucellosis or tuberculosis control laws | $0 - $1,000 | $0 - $5,000 |
| 345 IAC 2-7 | Failure to comply with the cervid chronic wasting disease rule | $0 - $500 | $0 - $1,000 |
| IC 15-17-11; 345 IAC 7-7 | Violation of dead animal disposal law and related rules | $0 - $500 | $0 - $1,500 |
| IC 15-17-14; 345 IAC 7-3.5 | Livestock dealer license offenses | $0 - $250 | $0 - $1,000 |
| IC 15-17-14.5; IC 15-17-14.7; 345 IAC 2-9 | Failure to comply with the cervid hunting preserve law and associated rules | $0 - $500 | $0 - $1,000 |
| 345 IAC 7-4.5; 345 IAC 7-5 | Violation of livestock exhibition rules | $0 - $500 | $0 - $1,000 |
| 345 IAC 6-1.1 | Failure to comply with EIA control laws | $0 - $1,000 | $0 - $5,000 |
| IC 15-17-10-16; 345 IAC 1-2.1 | Feeding garbage to swine | $0 - $300 | $0 - $1,000 |
| 345 IAC 5 | Violation of scrapie control laws | $0 - $500 | $0 - $1,000 |
| IC 15-17-5-17; 355 IAC 2-5-13(a) | Offering for sale uninspected meat or poultry. These violations are considered major violations under IC 4-21.5-2.5-2(1)(E). | $0 - $1,000 | $0 - $1,000 |
| IC 15-17-3-23; 345 IAC 14 | Livestock and poultry standards of care | $0 - $500 | $0 - $1,000 |
| IC 15-17; IC 15-18 ; | General penalty – a violation of any BOAH law or order | $0 - $500 | $0 - $1,000 |
| IC 15-21; 345 IAC 13 | Commercial breeder and broker statute and associated rules | $0 - $500 for a knowing violation; $0 - $1,000 for an intentional violation; $0 - $5,000 for knowingly or intentionally violating an injunction |
(Indiana State Board of Animal Health; 345 IAC 1.5-3-1; filed Feb 27, 2025, 11:44 a.m.: 20250326- IR-345240377FRA)
345 IAC 1.5-3-2 345 IAC 1.5-3-2 Penalty assessment
345 IAC 1.5-3-2 Penalty assessment
Authority: IC 15-17-3-21; IC 15-17-5-5; IC 15-17-5-17
Affected: IC 4-21.5-2.5-2; IC 4-21.5-2.5-3; IC 15-17-18-12; IC 15-21-7-1
Sec. 2. (a) Except for violations:
(1) exempted under IC 4-21.5-2.5-2 or IC 4-21.5-2.5-3; or
(2) designated as major violations in this rule under IC 4-21.5-2.5-2(1)(E);
the board shall notify the alleged violator in writing that the agency believes a violation may exist and allow the alleged violator an opportunity to correct the violation before imposing a civil penalty.
(b) A penalty may not exceed the maximum amount each day of the violation in IC 15-17-18-12. In addition to any penalties assessed, the board may seek costs and other expenses as authorized under IC 15-17-18-12.
(c) The board shall determine the amount of a civil penalty that will be assessed within the ranges set forth in section 1 of this rule by considering the following factors:
(1) Good faith efforts of the violator to comply, such as:
(A) prompt notification to the board;
(B) corrective actions taken in response to the noncompliance; and
(C) cooperation by the violator with the board during the investigation process.
(2) The violator's history of compliance.
(3) The degree of potential harm to the health, safety, or welfare of human or animal health. When determining the degree of potential harm, the board shall consider the scale of the violator's activities, including the:
(A) volume and composition of noncompliant products; or
(B) number of animals involved in the incidents of noncompliance.
(4) The degree of deviation from a statutory or rule requirement.
(5) Whether it was reasonable for the violator to:
(A) forsee [sic] and prevent a violation, including the degree of control the violator had over the events constituting the violation;
(B) take precautions against the events constituting the violation; and
(C) know the potential harm associated with the conduct.
(6) Any economic benefits of the noncompliance to the violator, such as delayed or avoided costs because of the failure to comply.
(7) Whether the acts constituting the violation resulted in other enforcement actions set forth in section 4 of this rule.
(d) After a penalty is assessed under this section and other applicable laws or rules, the board may enter into a payment or other settlement agreement with a violator when the board determines that:
(1) a delayed or an installment payment schedule;
(2) a reduced penalty assessment; or
(3) corrective actions with an associated reduction in an assessed amount;
are appropriate terms to resolve the noncompliance. When negotiating the terms of a payment or other settlement agreement, the board shall balance the ability of a violator to pay with the need to protect the public health, safety, and welfare.
(Indiana State Board of Animal Health; 345 IAC 1.5-3-2; filed Feb 27, 2025, 11:44 a.m.: 20250326-IR-345240377FRA)
345 IAC 1.5-3-3 345 IAC 1.5-3-3 Notification of legal recourse
345 IAC 1.5-3-3 Notification of legal recourse
Authority: IC 15-17-3-21; IC 15-17-5-5; IC 15-17-5-17
Affected: IC 4-21.5; IC 15-17; IC 15-21-7-1
Sec. 3. (a) The board shall notify, in the manner required under IC 4-21.5, each person on whom a civil penalty may be imposed of the opportunity to appeal a proposed action by filing with the board in writing a request to have a hearing within fifteen (15) days after notice of the action.
(b) Waiver of a hearing may be made in writing or by failure to request in writing a hearing, as provided in IC 15-17-17, within fifteen (15) days after receiving the notice.
(Indiana State Board of Animal Health; 345 IAC 1.5-3-3; filed Feb 27, 2025, 11:44 a.m.: 20250326-IR-345240377FRA)
345 IAC 1.5-3-4 345 IAC 1.5-3-4 Imposition of civil penalties
345 IAC 1.5-3-4 Imposition of civil penalties
Authority: IC 15-17-3-21; IC 15-17-5-5; IC 15-17-5-17
Affected: IC 4-21.5; IC 15-17; IC 15-21-7-1
Sec. 4. (a) Nothing in this article requires the board to impose a civil penalty for a violation.
(b) The board may initiate any of the following as an alternate enforcement action, or in addition to, a civil penalty:
(1) An administrative compliance order under the procedures set forth at IC 4-21.5.
(2) An injunction proceeding.
(3) A license, permit, registration, or certification:
(A) denial;
(B) modification;
(C) suspension; or
(D) revocation.
(4) Referral for criminal prosecution.
(5) Referral to another enforcement agency.
(Indiana State Board of Animal Health; 345 IAC 1.5-3-4; filed Feb 27, 2025, 11:44 a.m.: 20250326-IR- 345240377FRA)
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