title-750-article-10•750 IAC 10 — ARTICLE 10. FEES AND CIVIL PENALTIES
750 IAC 10 — ARTICLE 10. FEES AND CIVIL PENALTIES
title-750-article-10750 IAC 10Regulation
TITLE 750 DEPARTMENT OF FINANCIAL INSTITUTIONS
ARTICLE 10. FEES AND CIVIL PENALTIES
Rule 1
750 IAC 10-1-1 750 IAC 10-1-1 Applicability
Rule 1. Fee Schedules for Financial Institutions Required to be Licensed, Chartered, or Registered with the Indiana Department of Financial Institutions Under IC 24 and IC 28
750 IAC 10-1-1 Applicability
Authority: IC 24-7-7-1; IC 24-12-10-1; IC 28-1-20-4; IC 28-1-29-2; IC 28-8-4.1-401; IC 28-11-1-12
Affected: IC 24-5; IC 24-7-1-1; IC 24-12-1-0.5; IC 28-1-2-30; IC 28-1-29-3; IC 28-7-5-3; IC 28-8-4.1-201; IC 28-8-5-11
Sec. 1. (a) This rule applies to financial institutions, persons who commit acts in violation of IC 28, and persons subject to IC 24-4.4-3-101, IC 24-4.5-6-102 [NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.] , IC 24-4.5-7-102 [NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.] , IC 24-7-1-1, IC 24-12-1-0.5, IC 28-1-29-3, IC 28-7-5-3, IC 28-8-4.1-201, and IC 28-8-5-11.
(b) For purposes of this article, "financial institution" has the meaning as set forth in IC 28-1-2-30.
(c) For purposes of this article, "person" or "persons" has the meaning as set forth in IC 24-4.5-1-301.5(33) [NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.] .
(Department of Financial Institutions; 750 IAC 10-1-1; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-1-2 750 IAC 10-1-2 Purpose
750 IAC 10-1-2 Purpose
Authority: IC 24-7-7-1; IC 24-12-10-1; IC 28-1-29-2; IC 28-8-4.1-401; IC 28-11-1-12
Affected: IC 24-5; IC 24-7; IC 24-12; IC 28-1; IC 28-7; IC 28-8; IC 28-11
Sec. 2. The purpose of this rule is to establish fee schedules for financial institutions.
(Department of Financial Institutions; 750 IAC 10-1-2; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-1-3 750 IAC 10-1-3 Fees for banks, savings banks, building and loan associations, and industrial authorities
750 IAC 10-1-3 Fees for banks, savings banks, building and loan associations, and industrial authorities
Authority: IC 28-11-1-12
Affected: IC 28-1-1-3; IC 28-11-3-5
Sec. 3. (a) Under IC 28-11-3-5, the schedule of fees for services rendered and the duties performed by the department in the administration of financial institutions for banks, savings banks, building and loan associations, and industrial authorities is as follows:
| IF THE AMOUNT OF TOTAL ASSETS IS: | THE FEE WILL BE: | |||
| OVER | BUT NOT OVER | THIS AMOUNT | PLUS | OF EXCESS OVER |
| $ 0 | $ 10,000M | 4,380 | ||
| 10,001M | 15,000M | 4,380 | .2160 per thousand | 10,000M |
| 15,001M | 25,000M | 5,460 | .0970 per thousand | 15,000M |
| 25,001M | 50,000M | 6,430 | .0748 per thousand | 25,000M |
| 50,001M | 100,000M | 8,301 | .0683 per thousand | 50,000M |
| 100,001M | 500,000M | 11,717 | .0660 per thousand | 100,000M |
| 500,001M | 1,000,000M | 38,101 | .0644 per thousand | 500,000M |
| 1,000,001M | 3,000,000M | 70,279 | .0482 per thousand | 1,000,000M |
| 3,000,0001M | 5,000,000M | 166,669 | .0378 per thousand | 3,000,000M |
| 5,000,0001M | 10,000,000M | 242,269 | .0346 per thousand | 5,000,000M |
| 10,000,001M | 20,000,000M | 415,204 | .0324 per thousand | 10,000,000M |
| 20,000,001M | 40,000,000M | 739,339 | .0318 per thousand | 20,000,000M |
| 40,000,001M | 1,376,269 | 0.0297 per thousand | 40,000,000M |
(b) For purposes of this section, "M" means multiply by one thousand (1,000).
(c) For purposes of this article, "department" has the meaning as set forth in IC 28-1-1-3(14).
(Department of Financial Institutions; 750 IAC 10-1-3; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-1-4 750 IAC 10-1-4 Fees for trust departments
750 IAC 10-1-4 Fees for trust departments
Authority: IC 28-11-1-12
Affected: IC 28-11-3-5
Sec. 4. (a) Under IC 28-11-3-5, the schedule of fees for services rendered and the duties performed by the department in the administration of financial institutions for trust departments is as follows:
| IF THE AMOUNT OF TOTAL ASSETS IS: | THE FEE WILL BE: | |
| OVER | BUT NOT OVER | THIS ASSESSMENT |
| $ 0 | $ 2,000M | $ 800 |
| 2,001M | 5,000M | 1,500 |
| 5,001M | 10,000M | 2,000 |
| 10,001M | 20,000M | 3,000 |
| 20,001M | 30,000M | 4,000 |
| 30,001M | 40,000M | 5,000 |
| 40,001M | 50,000M | 6,000 |
| 50,001M | 100,000M | 8,500 |
| 100,001M | 500,000M | 11,000 |
| 500,001M | 1,000,000M | 21,000 |
| 1,000,001M | $21,000 plus $.0022 per thousand on trust assets over $1,000,000M |
(b) For purposes of this section, "M" means multiply by one thousand (1,000).
(Department of Financial Institutions; 750 IAC 10-1-4; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-1-5 750 IAC 10-1-5 Fees for corporate fiduciaries
750 IAC 10-1-5 Fees for corporate fiduciaries
Authority: IC 28-11-1-12
Affected: IC 28-11-3-5
Sec. 5. (a) Under IC 28-11-3-5, the schedule of fees for services rendered and the duties performed by the department in the administration of financial institutions for corporate fiduciaries is as follows:
| IF THE AMOUNT OF TRUST ASSETS IS: | THE FEE WILL BE: | |||
| OVER | BUT NOT OVER | THIS AMOUNT | PLUS | OF EXCESS OVER |
| $ 0 | $ 20,000M | 5,150 | ||
| 20,001M | 50,000M | 5,150 | 0.1578 per thousand | 20,000M |
| 50,001M | 100,000M | 9,884 | 0.0922 per thousand | 50,000M |
| 100,001M | 500,000M | 14,494 | 0.0205 per thousand | 100,000M |
| 500,001M | 1,000,000M | 22,694 | 0.0102 per thousand | 500,000M |
| 1,000,001M | 10,000,000M | 27,794 | 0.0050 per thousand | 1,000,000M |
| 10,000,001M | 20,000,000M | 72,794 | 0.0035 per thousand | 10,000,000M |
| 20,000,001M | 40,000,000M | 107,794 | 0.0025 per thousand | 20,000,000M |
| 40,000,001M | 157,794 | 0.0020 per thousand | 40,000,000M |
(b) For purposes of this section, "M" means multiply by one thousand (1,000).
(Department of Financial Institutions; 750 IAC 10-1-5; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-1-6 750 IAC 10-1-6 Fees for credit unions
750 IAC 10-1-6 Fees for credit unions
Authority: IC 28-11-1-12
Affected: IC 28-11-3-5
Sec. 6. (a) Under IC 28-11-3-5, the schedule of fees for services rendered and the duties performed by the department in the administration of financial institutions for credit unions is as follows:
| IF THE AMOUNT OF TOTAL ASSETS IS: | THE FEE WILL BE: | |||
| OVER | BUT NOT OVER | THIS AMOUNT | PLUS | OF EXCESS OVER |
| $ 0 | $ 545M | 510 | ||
| 546M | 1,000M | 510 | 0.7373 per thousand | $ 545M |
| 1,001M | 5,000M | 845 | 0.7607 per thousand | 1,000M |
| 5,001M | 10,000M | 3,888 | 0.2534 per thousand | 5,000M |
| 10,001M | 50,000M | 5,155 | 0.0677 per thousand | 10,000M |
| 50,001M | 100,000M | 7,861 | 0.0665 per thousand | 50,000M |
| 100,001M | 500,000M | 11,188 | 0.0660 per thousand | 100,000M |
| 500,001M | 1,000,000M | 37,572 | 0.0644 per thousand | 500,000M |
| 1,000,001M | 3,000,000M | 69,749 | 0.0631 per thousand | 1,000,000M |
| 3,000,001M | 5,000,000M | 196,001 | 0.0232 per thousand | 3,000,000M |
| 5,000,001M | 242,306 | 0.0227 per thousand | 5,000,000M |
(b) For purposes of this section, "M" means multiply by one thousand (1,000).
(Department of Financial Institutions; 750 IAC 10-1-6; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-1-7 750 IAC 10-1-7 Fee increase for composite ratings
750 IAC 10-1-7 Fee increase for composite ratings
Authority: IC 28-11-1-12
Affected: IC 28-11-3-5
Sec. 7. (a) If a:
(1) bank;
(2) savings bank;
(3) building and loan association;
(4) industrial authority;
(5) trust department;
(6) corporate fiduciary; or
(7) credit union;
receives a composite 3 rating at its most recent state or federal safety and soundness examination, its annual fee is increased by twelve and one-half percent (12.5%). This assessment is prorated on a quarterly basis. The increased supervisory assessment stays in effect until the quarter following the financial institution's receipt of a composite 1 or 2 rating at a state or federal safety and soundness examination.
(b) If a:
(1) bank;
(2) savings bank;
(3) building and loan association;
(4) industrial authority;
(5) trust department;
(6) corporate fiduciary; or
(7) credit union;
receives a composite 4 or 5 rating at its most recent state or federal safety and soundness examination, its annual fee is increased by twenty-five percent (25%). This assessment is prorated on a quarterly basis. The increased supervisory assessment stays in effect until the quarter following the financial institution's receipt of a composite 1 or 2 rating at a state or federal safety and soundness examination.
(Department of Financial Institutions; 750 IAC 10-1-7; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-1-8 750 IAC 10-1-8 Prorated fees for newly chartered and converted financial institutions
750 IAC 10-1-8 Prorated fees for newly chartered and converted financial institutions
Authority: IC 28-11-1-12
Affected: IC 28-11-3-5
Sec. 8. A newly chartered and converted financial institution, which includes thrift and national to state chartered financial institutions, is charged a percentage of its annual fee, as calculated in sections 3 through 6 of this rule, based on the number of months that it is in existence as an Indiana state chartered financial institution during the department's fiscal year.
(Department of Financial Institutions; 750 IAC 10-1-8; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-1-9 750 IAC 10-1-9 Fees due
750 IAC 10-1-9 Fees due
Authority: IC 28-11-1-12
Affected: IC 28-11-3-5
Sec. 9. The fees prescribed in sections 3 through 6 of this rule are due on or before August 1 of each year.
(Department of Financial Institutions; 750 IAC 10-1-9; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-1-10 750 IAC 10-1-10 Schedule of fees for applications
750 IAC 10-1-10 Schedule of fees for applications
Authority: IC 28-11-1-12
Affected: IC 28-1-9-3; IC 28-11-3-5
Sec. 10. (a) Under IC 28-11-3-5, the schedule of fees for services rendered and the duties performed by the department in the administration of financial institutions for the following applications is as follows:
| FINANCIAL INSTITUTION FORMATION | BASE FEES |
| Interim Institution | $2,000 |
| Full-Service Institution Upon Submission of Application | $4,000 |
| Full-Service Institution Upon Department's Approval of Application | $4,000 |
| BANK HOLDING COMPANY | |
| Bank Holding Company Acquisition | $5,000 |
| Bank Holding Company Acquisitions (including Interim Bank and Merger) | $5,000 |
| CHANGE OF CONTROL | $500 |
| MERGER FEE FOR BANKS, TRUST COMPANIES, SAVINGS BANKS, BUILDING AND LOAN ASSOCIATIONS, INDUSTRIAL AUTHORITIES, TRUST DEPARTMENTS, AND CORPORATE FIDUCIARIES | $1,000 |
| MERGER FOR CREDIT UNION | $500 |
| CONVERSIONS | |
| National Bank to State Charter | $0 |
| Federally Chartered Savings and Loan to Bank or Savings Bank | $0 |
| Mutual Savings Bank to Stock Savings Bank | $0 |
| State Chartered Savings and Loan to Bank or Savings Bank | $0 |
| Federal Credit Union to State Charter | $0 |
| MUTUAL HOLDING COMPANY REORGANIZATION | $1,000 |
| ESTABLISHMENT OF A BRANCH | |
| Full-Service Branch | $500 |
| ESTABLISHMENT OF A TRUST OFFICE | $500 |
| RELOCATION OF MAIN OFFICE OR BRANCH | $500 |
| BANK HOLDING COMPANY FORMATION | $1,000 |
| CONSOLIDATION | $1,000 |
| VOLUNTARY DISSOLUTION | |
| Time of Submission of Application | $2,500 |
| ISSUANCE OF SUBORDINATED DEBT AS CAPITAL | $0 |
| ESTABLISHMENT OF A NONQUALIFYING SUBSIDIARY | $500 |
(b) The base fees listed in subsection (a) are the minimum amounts charged for an application. Actual expenses are charged at eighty dollars ($80) per hour, or a part thereof, for all personnel involved in processing, analyzing, or investigating an application. Actual expenses also include transcript preparation, administrative law judge fees, and travel expenses for the members of the department and office personnel. If an actual expense exceeds the basic fee for an application, the amount of the actual expense is charged for the application. Actual expenses of an application for a:
(1) conversion;
(2) merger; or
(3) consolidation;
examination shall not exceed thirty thousand dollars ($30,000).
(c) Financial institutions in the process of voluntary dissolution are not charged an annual fee after the board resolution authorizing the dissolution has been approved by the department under IC 28-1-9-3.
(d) Fees are not imposed if an institution involved in an application is insolvent or is in imminent danger of becoming insolvent, as determined by the director.
(e) For purposes of this article, "director" has the meaning as set forth in IC 24-4.5-1-301.5(13) [NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.] .
(Department of Financial Institutions; 750 IAC 10-1-10; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-1-11 750 IAC 10-1-11 Fee schedules for consumer credit institutions
750 IAC 10-1-11 Fee schedules for consumer credit institutions
Authority: IC 24-7-7-1; IC 24-12-10-1; IC 28-1-29-2; IC 28-8-4.1-401; IC 28-11-1-12
Affected: IC 24-5; IC 24-7; IC 24-12; IC 28-1; IC 28-7; IC 28-8; IC 28-11-3-5
Sec. 11. (a) Under IC 28-11-3-5, the schedule of fees for services rendered and the duties performed by the department in the administration of financial institutions for the entities below is as follows:
| Entity Type | Fee Type | Amount of Fee | Due Date |
| Check Cashing License | |||
| Application Fee | $1,000 | Time of application | |
| Renewal Fee | $500 + $250 per each additional location, $2,000 maximum | December 31 each year | |
| Renewal Late Fee | $20 per day | Upon submission of renewal | |
| Hourly Exam Fee | $80 per hour | Upon completion of exam | |
| Late Exam Fee | $20 per day | ||
| Civil Proceeding Advance Payment Provider License | |||
| Application Fee | $1,000 | Upon submission of application | |
| Renewal Fee | $1,000 | December 31 each year | |
| Renewal Late Fee | $20 per day | Upon submission of renewal | |
| Hourly Exam Fee | $80 per hour | Upon completion of exam | |
| Late Exam Fee | $20 per day | ||
| Debt Management License | |||
| Application Fee | $1,000 | Upon submission of application | |
| Renewal Fee | $1,000 | December 31 each year | |
| Renewal Late Fee | $20 per day | Upon submission of renewal | |
| Hourly Exam Fee | $80 per hour | Upon completion of exam | |
| Late Exam Fee | $20 per day | ||
| Creditor's Notification Return for Depository Institutions | |||
| Application Fee | N/A | N/A | |
| Renewal Fee | Volume fee due at $2/$100,000 | January 31 each year | |
| Renewal Late Fee | N/A | N/A | |
| Hourly Exam Fee | N/A | N/A | |
| Hoosier Traditional Mortgage | |||
| Certification Fee | $50 | Due upon submission of certificate | |
| Recertification Fee | $50 | July 1 each year | |
| Consumer Loan License | |||
| Application | $1,000 | Upon submission of application | |
| Renewal Fee | The greater of $1,000 or volume fee of $2/$100,000 | December 31 each year | |
| Renewal Late Fee | $20 per day | Upon submission of renewal | |
| Hourly Exam Fee | $80 per hour | Upon completion of exam | |
| Late Exam Fee | $20 per day | ||
| Money Transmitter License | |||
| Application Fee | $1,000 | Upon submission of application | |
| Renewal Fee | $1,000 | December 31 each year | |
| Renewal Late Fee | $20 per day | Upon submission of renewal | |
| Hourly Exam Fee | $80 per hour | Upon completion of exam | |
| Late Exam Fee | $20 per day | ||
| Mortgage Lending License | |||
| Application | $1,000 | Upon submission of application | |
| Renewal Fee | $1,000 | December 31 each year | |
| Renewal Late Fee | $20 per day | Upon submission of renewal | |
| Hourly Exam Fee | $80 per hour | Upon completion of exam | |
| Late Exam Fee | $20 per day | ||
| Mortgage Loan Originator License | |||
| Application Fee | $100 | Upon submission of application | |
| Renewal Fee | $100 | December 31 each year | |
| Hourly Exam Fee | $80 per hour | ||
| Non-Lender Registration (Credit Sellers/Lessors) (Notice of Intent – State Form 83) | |||
| Notification Fee | N/A | ||
| Renewal Fee | Volume fee due at $2/$100,000 | January 31 each year | |
| Renewal Late Fee | N/A | ||
| Hourly Exam Fee | $80 per hour | Upon completion of exam | |
| Late Exam Fee | $20 per day | ||
| Pawnbroker License | |||
| Application Fee | $1,000 + $500 for each additional location | Upon submission of application | |
| Renewal Fee | $1,000 + $500 for each additional location | December 31 each year | |
| Late Renewal Fee | $20 per day | Upon submission of renewal | |
| Hourly Exam Fee | $80 per hour | Upon completion of exam | |
| Late Exam Fee | $20 per day | ||
| Rental Purchase Registration | |||
| Notification Fee | $500 | ||
| Renewal Fee | $500 + $250 for each additional location, not to exceed $10,000 | January 31 each year | |
| Renewal Late Fee | $20 per day | Upon submission of renewal | |
| Hourly Exam Fee | $80 per hour | Upon completion of exam | |
| Late Exam Fee | $20 per day | ||
| Small Loan License | |||
| Application Fee | $2,000 + $750 per each additional location | Upon submission of application | |
| Renewal Fee | $2,000 + $750 per each additional location | December 31 each year | |
| Renewal Late Fee | $20 per day | Upon submission of renewal | |
| Hourly Exam Fee | $80 per hour | Upon completion of exam | |
| Late Exam Fee | $20 per day |
(b) If the license and renewal fees under subsection (a) are paid, an exam fee may be offset, with the first one thousand two hundred dollars ($1,200) of the exam fee waived, plus an additional six hundred dollars ($600) of the exam fee waived for each additional location examined.
(c) If the total amount owed for the volume fee under this section is one hundred dollars ($100) or less, the volume fee is waived.
(d) The mortgage lending license application fee is waived if an applicant's mortgage loan originators are exempt from licensure under 750 IAC 9-3-1(h)(2)(i).
(Department of Financial Institutions; 750 IAC 10-1-11; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
Rule 2
750 IAC 10-2-1 750 IAC 10-2-1 Applicability
Rule 2. Civil Penalty Schedule for Financial Institutions Required to be Licensed, Chartered, or Registered with the Indiana Department of Financial Institutions Under IC 24 and IC 28
750 IAC 10-2-1 Applicability
Authority: IC 24-7-7-1; IC 24-12-10-1; IC 28-1-20-4; IC 28-1-29-2; IC 28-8-4.1-401; IC 28-11-1-12
Affected: IC 24-7-1-1; IC 24-12-1-0.5; IC 28-1-29-3; IC 28-7-5-3; IC 28-8-4.1-201; IC 28-8-5-11; IC 28-11
Sec. 1. This rule applies to financial institutions, persons who commit acts in violation of IC 28, and persons subject to IC 24-4.4-3-101, IC 24-4.5-6-102 [NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.] , IC 24-4.5-7-102 [NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.] , IC 24-7-1-1, IC 24-12-1-0.5, IC 28-1-29-3, IC 28-7-5-3, IC 28-8-4.1-201, and IC 28-8-5-11.
(Department of Financial Institutions; 750 IAC 10-2-1; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-2-2 750 IAC 10-2-2 Purpose
750 IAC 10-2-2 Purpose
Authority: IC 24-7-7-1; IC 24-12-10-1; IC 28-1-20-4; IC 28-1-29-2; IC 28-8-4.1-401; IC 28-11-1-12
Affected: IC 24-7; IC 24-12; IC 28
Sec. 2. The purpose of this rule is to set forth standards for the assessment of civil penalties for violations of IC 24-4.4 [NOTE: IC 24-4.4 is repealed by P.L. 115-2026, SECTION 22, effective July 1, 2026.] , IC 24-4.5, IC 24-7, IC 24-12, and IC 28.
(Department of Financial Institutions; 750 IAC 10-2-2; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-2-3 750 IAC 10-2-3 Authority
750 IAC 10-2-3 Authority
Authority: IC 24-7-7-1; IC 24-12-10-1; IC 28-1-20-4; IC 28-1-29-2; IC 28-8-4.1-401; IC 28-11-1-12
Affected: IC 24-7-7-1; IC 24-12-5-1; IC 28-1-20-4; IC 28-1-29-13; IC 28-7-5-38.1; IC 28-8-4.1-1105; IC 28-8-5-24; IC 28-11-4-7; IC 28-11-4-9
Sec. 3. (a) The department is authorized to assess civil penalties under IC 24-4.4-2-404.4 [NOTE: IC 24-4.4 is repealed by P.L. 115-2026, SECTION 22, effective July 1, 2026.] , IC 24-4.4-2-404.6 [NOTE: IC 24-4.4 is repealed by P.L. 115-2026, SECTION 22, effective July 1, 2026.] , IC 24-4.4-3-111, IC 24-4.5-6-113 [NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.] , IC 24-4.5-6-122 [NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.] , IC 24-4.5-6-124 [NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.] , IC 24-7-7-1, IC 24-12-5-1, IC 28-1-20-4, IC 28-1-29-13, IC 28-7-5-38.1, IC 28-8-4.1-1105, IC 28-8-5-24, IC 28-11-4-7, and IC 28-11-4-9.
(b) The director is authorized to assess civil penalties under IC 24-4.5-4-108 [NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.] , IC 24-4.5-6-122 [NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.] , IC 24-4.5-6-124 [NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.] , and IC 24-4.5-7-404 [NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.] .
(Department of Financial Institutions; 750 IAC 10-2-3; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-2-4 750 IAC 10-2-4 Civil penalty schedule for banks, savings banks, building and loan associations, industrial authorities, trust departments, corporate fiduciaries, credit unions, and licensees under IC 24-4.4 and IC 24-4.5
750 IAC 10-2-4 Civil penalty schedule for banks, savings banks, building and loan associations, industrial authorities, trust departments, corporate fiduciaries, credit unions, and licensees under IC 24-4.4 and IC 24-4.5
Authority: IC 28-1-20-4; IC 28-11-1-12
Affected: IC 28-1-20-4; IC 28-11-4-7; IC 28-11-4-9
[NOTE: IC 24-4.4 is repealed by P.L. 115-2026, SECTION 22, effective July 1, 2026.]
[NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.]
Sec. 4. The schedule of civil penalties for violations of the following statutes is as follows:
| Legal Citation | General Description of Violation | Base Violation |
| IC 28-1-20-4(m) | Violation of naming convention standards | $7,500 per day |
| IC 28-11-4-7; IC 28-11-4-9; | Unsafe or unsound practices or violations of law; violations by certain individuals | $500 per day |
(Department of Financial Institutions; 750 IAC 10-2-4; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-2-5 750 IAC 10-2-5 Mitigating factors
750 IAC 10-2-5 Mitigating factors
Authority: IC 28-1-20-4; IC 28-11-1-12
Affected: IC 28-1; IC 28-11
Sec. 5. The amount of a civil penalty described in section 4 of this rule may be adjusted downward to reflect mitigating factors. The existence or nonexistence of any factor is not determinative. Factors that may be considered are as follows:
(1) The appropriateness of the civil penalty with respect to the financial resources and good faith of a person or an individual charged.
(2) Existence of written policies governing the conduct.
(3) Cooperation with the department in addressing the violation.
(4) A person's history of compliance.
(5) Remedial or corrective action taken by a person.
(6) Whether the violation was voluntarily disclosed to the department.
(7) Evidence of restitution paid.
(8) Other factors that justice requires.
(Department of Financial Institutions; 750 IAC 10-2-5; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-2-6 750 IAC 10-2-6 Aggravating factors
750 IAC 10-2-6 Aggravating factors
Authority: IC 28-1-20-4; IC 28-11-1-12
Affected: IC 28-1; IC 28-11
Sec. 6. The amount of a civil penalty described in section 4 of this rule may be adjusted upward to reflect aggravating factors. The existence or nonexistence of any factor is not determinative. Factors that may be considered are as follows:
(1) The gravity of the practice, violation, or act, including:
(A) loss or risk of loss to a person;
(B) loss or risk of loss to consumers;
(C) an impact other than loss;
(D) concealment; and
(E) the number of violations at issue.
(2) The economic benefit derived by an individual from the practice, violation, or act.
(3) Willful or intentional misconduct.
(4) Duration and frequency of the violation.
(5) History of similar prior violations.
(6) Fraudulent conduct.
(7) Whether the violation negatively impacts the integrity or public trust of financial institutions in the state of Indiana.
(8) Other factors justice requires.
(Department of Financial Institutions; 750 IAC 10-2-6; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-2-7 750 IAC 10-2-7 Civil penalty schedule for check cashers; civil proceeding advance payment providers; debt management, consumer credit loan, money transmitter, mortgage lending, pawnbroker, and small loan licensees; mortgage loan originators; nonlender and rental purchase registrants
750 IAC 10-2-7 Civil penalty schedule for check cashers; civil proceeding advance payment providers; debt management, consumer credit loan, money transmitter, mortgage lending, pawnbroker, and small loan licensees; mortgage loan originators; nonlender and rental purchase registrants
Authority: IC 24-7-7-1; IC 24-12-10-1; IC 28-1-29-2; IC 28-8-4.4-401; IC 28-11-1-12
Affected: IC 24-7-7-1; IC 24-12-5-1; IC 28-1-29-13; IC 28-7-5-38.1; IC 28-8-4.1-1105; IC 28-8-5-24
Sec. 7. The schedule of civil penalties for violations of the following statutes is as follows:
| Legal Citation | General Description of Violation | Base Violation |
| IC 24-4.4-2-404.4(3)(c) [NOTE: IC 24-4.4 is repealed by P.L. 115-2026, SECTION 22, effective July 1, 2026.] | Violation of statute, cease and desist order, or any condition imposed in writing by the director by individuals | $7,500 |
| IC 24-4.4-3-111(2) [NOTE: IC 24-4.4 is repealed by P.L. 115-2026, SECTION 22, effective July 1, 2026.] | Violations of the First Lien Mortgage Act | $2,500 |
| IC 24-4.5-4-108(6) [NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.] | Pattern or practice of refusal to issue a refund of credit insurance, GAP, or other authorized product, when a prepayment of a consumer credit sale or consumer loan is made | $500 per violation |
| IC 24-4.5-6-113(3) [NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.] | Violations of the Uniform Consumer Credit Code | $5,000 |
| IC 24-4.5-6-122(c) [NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.] | Violation of statute, cease and desist order, or any condition imposed in writing by the director upon the directors, officers, or manager of a creditor | $7,500 |
| IC 24-4.5-7-404(10) [NOTE: IC 24-4.5 is repealed by P.L. 115-2026, SECTION 23, effective July 1, 2026.] | Violations of limits and number of amounts of outstanding small loans, lender verification requirements, and third party database requirements | $50 per violation |
| IC 24-7-7-1(b) | Violations of the Rental Purchase Agreement Act | $5,000 |
| IC 24-12-5-1; | Violations of the Civil Proceeding Advance Payment Act | $5,000 |
| IC 28-1-29-13(b) | Violations of the debt management chapter | $5,000 |
| IC 28-1-29-13(c) | Knowingly authorized, directs, or aids violations of the debt management chapter | $10,000 |
| IC 28-7-5-38.1; | Violations of the pawnbroking law | $5,000 |
| IC 28-8-4.1-1105; | Violations of Money Transmission Modernization Act | $5,000 |
| IC 28-8-5-24(a) | Violations of the Check Cashing Act | $5,000 |
(Department of Financial Institutions; 750 IAC 10-2-7; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-2-8 750 IAC 10-2-8 Mitigating factors
750 IAC 10-2-8 Mitigating factors
Authority: IC 24-7-7-1; IC 24-12-10-1; IC 28-1-29-2; IC 28-8-4.1-401; IC 28-11-1-12
Affected: IC 24-7; IC 24-12; IC 28-1; IC 28-7; IC 28-8
Sec. 8. The amount of a civil penalty described under section 7 of this rule may be adjusted downward to reflect mitigating factors. The existence or nonexistence of any factor is not determinative. Factors that may be considered are as follows:
(1) The appropriateness of the civil penalty with respect to the financial resources and good faith of a person or an individual charged.
(2) Existence of written policies governing the conduct.
(3) Cooperation with the department in addressing the violation.
(4) A person's history of compliance.
(5) Remedial or corrective action taken by a person.
(6) Whether the violation was voluntarily disclosed to the department.
(7) Evidence of restitution paid.
(8) Other factors that justice requires.
(Department of Financial Institutions; 750 IAC 10-2-8; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-2-9 750 IAC 10-2-9 Aggravating factors
750 IAC 10-2-9 Aggravating factors
Authority: IC 24-7-7-1; IC 24-12-10-1; IC 28-1-29-2; IC 28-8-4.1-401; IC 28-11-1-12
Affected: IC 24-7; IC 24-12; IC 28-1; IC 28-7; IC 28-8
Sec. 9. The amount of a civil penalty described under section 7 of this rule may be adjusted upward to reflect aggravating factors. The existence or nonexistence of any factor is not determinative. Factors that may be considered are as follows:
(1) The gravity of the practice, violation, or act, including:
(A) loss or risk of loss to a person;
(B) loss or risk of loss to consumers;
(C) an impact other than loss;
(D) concealment; and
(E) the number of violations at issue.
(2) The economic benefit derived by a person or an individual from the practice, violation, or act.
(3) Willful or intentional misconduct.
(4) Duration and frequency of the violation.
(5) History of similar prior violations.
(6) Fraudulent conduct.
(7) Whether the violation negatively impacts the integrity or public trust of financial institutions in the state of Indiana.
(8) Other factors justice requires.
(Department of Financial Institutions; 750 IAC 10-2-9; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
750 IAC 10-2-10 750 IAC 10-2-10 Assessment of civil penalty not required
750 IAC 10-2-10 Assessment of civil penalty not required
Authority: IC 24-7-7-1; IC 24-12-10-1; IC 28-1-20-4; IC 28-1-29-2; IC 28-8-4.1-401; IC 28-11-1-12
Affected: IC 24-7; IC 24-12; IC 28-1; IC 28-7; IC 28-8; IC 28-11
Sec. 10. Nothing in this rule shall require the department or director to assess a civil penalty for a violation.
(Department of Financial Institutions; 750 IAC 10-2-10; filed Mar 26, 2024, 11:00 a.m.: 20240424-IR-750230837FRA)
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