Sec. 41. (a) A civil penalty assessed under section 39 or 40 of this chapter:
(1) is subject to IC 4-21.5-3-6; and
(2) becomes effective without a proceeding under IC 4-21.5-3 unless a person requests an administrative review not later than thirty (30) days after notice of the assessment is given.
(b) For purposes of determining:
(1) whether a second violation has occurred when assessing a civil penalty under subsection (a), a first violation expires one (1) year after the date of issuance of a warning letter by the department of labor under subsection (a); and
(2) recurring violations of this section, each location of an employer shall be considered separate and distinct from another location of the same employer.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-4-31(b).]
As added by P.L.1-2005, SEC.17.
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