The County Health Department may commence an action under I.C. 4-21.5-3-8 to levy civil penalties against a person who:
(A) Fails to comply with I.C. 16-42-5, 16-42-1, 16-42-2 or 410 I.A.C. 7-24 or 410 I.A.C. 7-21; or
(B) Interferes with or obstructs the County Health Department or its designated agent in the performance of duties pursuant to I.C. 16-42-5, 16-42-1, 16-42-2, 410 I.A.C. 7-24 or 410 I.A.C. 7-21.
(1) A civil penalty in an amount in the appropriate range specified in subsection (d),(e), or (f) or any combination thereof, may be sought for each day of each violation.
(2) (a) In determining the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the County Health Department will consider, but is not limited, to the following:
1. The potential for harm or imminent threat to the public health;
2. The extent of deviation from statutory or regulatory requirements;
3. Degree of willfulness or negligence; or
4. History of noncompliance.
(b) The absence of direct harm will not result in assessment of a lower penalty for a violation.
(3) For a food establishment as defined in I.C. 16-42-5, unless adjusted in accordance with divisions (B)(7) through (B)(10) below of this section, a penalty shall be assessed, as set by the Board and/or Council from time to time, for each violation.
(4) For a retail food establishment as defined in 410 I.A.C. 7-24, unless adjusted in accordance with divisions (B)(7) through (B)(10) below of this section, a penalty shall be assessed, as set by the Board and/or Council from time to time, for each violation.
(5) For a wholesale food establishment a defined in 410 I.A.C. 7-21, unless adjusted in accordance with divisions (B)(7) through (B)(10) below, a penalty shall be assessed, as set by the Board and/or Council from time to time. for each violation.
(6) Each individual penalty assessed under division (B)(3), (B)(4) or (B)(5) above or any combination thereof, will be multiplied by the number of days the particular violation has been documented by the County Health Department, or its authorized representative.
(7) Penalties for violations documented in two consecutive inspection by the County Health Department, or its authorized representative, shall be assessed on the basis that the violations have remained uncorrected over the period of time between the two inspections.
(8) The County Health Department, or its authorized representative, may reduce the penalty determined in accordance with division (B)(3), (B)(4) or (B)(5) above or any combination thereof, if the person found in violation has requested re-inspection and has produced substantive evidence that violations have been corrected. In that case the penalty amount shall be assessed only for the period between initial discovery of the violation and the date of receipt of the request for re-inspection.
(9) Penalties for all violations documented in an inspection or series of inspection at an establishment will be totaled and sought in one cause of action.
(10) After filing an action pursuant to I.C. 4-21.5, and in attempt to resolve violations of I.C. 16-42-5, 410 I.A.C. 7-24, or 410 I.A.C. 7-21 without resort to a hearing, the Jennings County Health Department, or its authorized representative, may negotiate and enter into agreed orders. An agreed order may suspend all or part of the civil penalty calculated in accordance with this rule.
(Ord. 05-04, passed 3-14-2005)