3-6-4.9-1. Chapter Does Not Apply to Campaign Finance Violations
Sec. 1. This chapter does not apply to enforcement of a provision of IC 3-9. As added by P.L.157-2019, SEC.2.
3-6-4.9-10. Violations of Ic 3-11-4-5.2; Civil Penalties; Deposit of Civil Penalties in Election Administration Assistance Fund
Sec. 10. (a) This section does not apply to a person whose sole act is, in the normal course of business, the printing, distribution, or mailing of the communication containing the information. (b) A person who violates IC 3-11-4-5.2 by mailing a communication that does not contain the information in the manner described by IC […]
3-6-4.9-2. “Agency”
Sec. 2. As used in this chapter, “agency” refers to the following: (1) The election division, if the commission is the enforcement authority. (2) The county election board, if the county election board is the enforcement authority. As added by P.L.157-2019, SEC.2.
3-6-4.9-3. “Enforcement Authority”
Sec. 3. As used in this chapter, “enforcement authority” refers to either of the following: (1) The commission, which has exclusive jurisdiction under this chapter for matters relating to elections and candidates for state, legislative, and judicial offices. (2) The county election board, which has jurisdiction under this chapter for matters relating to elections and […]
3-6-4.9-4. Proceedings Subject to Administrative Orders and Procedures Statute
Sec. 4. Proceedings of an enforcement authority under this chapter are subject to IC 4-21.5. As added by P.L.157-2019, SEC.2.
3-6-4.9-5. Hearings and Investigations by Agency Member
Sec. 5. (a) If the commission is the enforcement authority, a commission member, or the co-directors, with the authorization of the commission, may conduct a hearing or an investigation, take evidence, and report back to the commission for its consideration and action. (b) If a county election board is the enforcement authority, a county election […]
3-6-4.9-6. Investigative Costs Added to Civil Penalties
Sec. 6. If a civil penalty is imposed under this chapter, any investigative costs incurred and documented by the agency shall be added to the civil penalty imposed. As added by P.L.157-2019, SEC.2.
3-6-4.9-7. Deposit of Investigative Costs and Civil Penalties
Sec. 7. Civil penalties and investigative costs shall be deposited in the fund designated under this chapter. As added by P.L.157-2019, SEC.2.
3-6-4.9-8. Waiver or Reduction of Penalties
Sec. 8. An enforcement authority may, upon the unanimous vote of its entire membership, find that imposition of a civil penalty required to be imposed under this chapter would be unjust under the circumstances and do either of the following: (1) Waive the penalty. (2) Reduce the penalty to an amount specified by the enforcement […]
3-6-4.9-9. Agreement to Waive Hearing and Pay Penalties
Sec. 9. (a) If a person is notified by the agency that the enforcement authority may assess a proposed civil penalty under this chapter against the person, the person may enter into an agreement with the agency to pay the proposed penalty and waive a hearing before the enforcement authority. (b) An agreement entered into […]