TITLE 560 INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD
Notice of First Public Comment Period
LSA Document #24-221
The Indiana Education Employment Relations Board (IEERB) is soliciting public comment on adding a new rule at
560 IAC 2-3.1-5.5 concerning factors used in determining civil penalty amounts under
IC 20-29-7-5. The IEERB seeks comment on the affected citation listed and any other provisions of Title 560 that may be affected by this rulemaking.
Basic Purpose and Background
The addition of
560 IAC 2-3.1-5.5 codifies the factors used in determining civil penalty amounts assessed under
IC 20-29-7-5 within the statutory range. The proposed addition satisfies the requirements of
IC 4-22-2-19.6, which was added by Public Law 249-2023, Section 15, effective January 1, 2023.
For purposes of
IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:
Jake May
General Counsel
Indiana Education Employment Relations Board
143 West Market Street, Suite 400
Indianapolis, IN 46204
(317) 233-6630
jmay@ieerb.in.gov
Matthew Jaworowski
Small Business Ombudsman
Indiana Economic Development Corporation
One North Capitol, Suite 700
Indianapolis, IN 46204
(317) 650-0126
majaworowski@iedc.in.gov
Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in
IC 5-28-17-6, specifically
IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator.
REQUEST FOR PUBLIC COMMENT
The IEERB is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways:
(1) By mail or common carrier to the following address:
LSA Document #24-221 Civil Penalties
Jake May
143 West Market Street, Suite 400
Indianapolis, IN 46204
(2) By electronic mail to rules@ieerb.in.gov. To confirm timely delivery of submitted comments, please request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments will not be considered part of the official written comment period unless they are sent to the address indicated in this notice.
(3) Attend scheduled public hearing.
All comments must be postmarked or time stamped not later than August 2, 2024.
The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Indiana Education Employment Relations Board, 143 West Market Street, Suite 400, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the office of the Indiana Education Employment Relations Board.
If the IEERB does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice.
Authority:
IC 20-29-3-11
Sec. 5.5. (a) The following factors are used in determining civil penalty amounts for an unfair practice violation:
(1) The amount assessed in comparable cases.
(2) If the school employer or exclusive representative acted in bad faith or knew, or should have known, the action was an unfair practice.
(3) The gravity of the unfair practice committed by the school employer or exclusive representative.
(4)The clarity of the legal standard of the action taken by the school employer or exclusive representative.
(5)The history of unfair practices committed by the school employer or exclusive representative.
(b) A civil penalty determined under subsection (a) is at least five hundred dollars ($500), but not more than five thousand dollars ($5,000).
(Indiana Education Employment Relations Board; 560 IAC 2-3.1-5.5)
Posted: 07/03/2024 by Legislative Services Agency
DIN: 20240703-IR-560240221FNA
Composed: Jul 17,2024 6:28:20AM EDT
A
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