610 IAC 11-1-5 - Administrative order; hearing

Authority: IC 22-6-6-11

Affected: IC 4-21.5-3-29; IC 22-6-6

Sec. 5.

(a) If after conducting an investigation, the department determines that a violation has occurred, the department may conduct a hearing to determine if an administrative order should be issued against the respondent.

(b) Proceedings under this section are governed by IC 4-21.5.

(c) The department may appoint an administrative law judge to conduct the hearing and issue a recommended order.

(d) The recommended order may be affirmed, modified, or dissolved under the procedures described in IC 4-21.5-3-29.

(e) The administrative order issued under this section may award any or all of the following to an individual who filed a complaint under this section if the department finds that a violation or threated [sic] violation occurred:

(1) The greater of:

(A) actual and consequential damages resulting from the violation or threatened violation; or

(B) liquidated damages of not more than one thousand dollars ($1,000).

(2) The individual's reasonable attorney's fees incurred in connection with the action.

(3) Declaratory or equitable relief, including injunctive relief.

(4) Other relief that the department finds is proper.

(f) If a violation continues over a period of time, any relief awarded under subsection (e)(1) is limited to the time period beginning ninety (90) days prior to the date the complainant filed a complaint with the department.

Notes

610 IAC 11-1-5

Department of Labor; 610 IAC 11-1-5; filed Aug 3, 2012, 1:38 p.m.: 20120829-IR-610120190FRA, eff Sep 12, 2012 Readopted filed 11/21/2018, 12:10 p.m.: 20181219-IR-610180417RFA Readopted filed 12/30/2024, 12:04 p.m.: 20250122-IR-610230835RFA