TITLE 560 INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD
Regulatory Analysis
LSA Document #24-221
The proposed rule sets forth the factors to be used in determining the amount of any civil penalty assessed in an unfair labor practice case pursuant to
IC 20-29-7-5.
a. History and Background of the Rule – IC 20-29-7-5 allows for a civil penalty of $500 to $5,000 to be assessed for certain unfair labor practice violations. In a prior administrative decision, the board set forth the factors for determining the amount of the penalty from within the statutory range. HEA 1623 (2023) subsequently amended
IC 4-22-2-19.6 to require civil penalty factors to be promulgated into rule.
b. Scope of the Rule – The proposed rule is intended solely to memorialize the civil penalty factors already established by the board in the format required by HEA 1623 (2023).
c. Statement of Need – The proposed rule is needed to bring the board's statutory authority to assess a civil penalty into conformance with the subsequently enacted statutory requirements governing civil penalties generally.
d. Statutory Authority for the Proposed Rule – The board has authority to adopt the proposed rule pursuant to
IC 20-29-3-11 as prescribed by
IC 4-22-2.
e. Fees, Fines, and Civil Penalties – The proposed rule does not add or increase any fees, fines, or civil penalties.
II. Fiscal Impact Analysis
The proposed rulemaking has no fiscal impact for State and local government beyond those imposed by the rulemaking process itself. The board's civil penalty factors remain in effect pursuant to the safe harbor provision in HEA 1623 (2023) until the proposed rule becomes effective, which is anticipated 30 days following publication of the final rule.
The proposed rule is applicable to all parties described in
IC 20-29-7-5, specifically school employers (as defined in
IC 20-29-2-15) and exclusive representatives (as defined in
IC 20-29-2-9), totaling approximately 608 impacted entities.
IV. Changes in Proposed Rule
This rulemaking adds a new section to
560 IAC solely to memorialize current board precedent into rule in conformity with the requirements of HEA 1623 (2023).
The proposed rule has the benefit of memorializing the board's established civil penalty factors in the easily accessible Indiana Administrative Code, and of preserving the Indiana General Assembly's policy objectives underlying the enacting of
IC 20-29-7-5.
The cost contemplated by the proposed rule is statutory and there is no additional cost imposed by the proposed rule.
VII. Sources of Information
The board's civil penalty factors were established under the rationale provided by the Indiana Supreme Court in IDEM v. Medical Disposal Services, Inc., 729 N.E.2d 577 (Ind. 2000).
VIII. Regulatory Analysis
Conformance with the enacted will of Indiana's legislature is always of the greatest public benefit.
IX. Contact Information of Staff to Answer Substantive Questions
Jake May
General Counsel, IEERB
317.233.6630
jmay@ieerb.in.gov
Notice of Determination Received: June 13, 2024
Posted: 07/03/2024 by Legislative Services Agency
DIN: 20240703-IR-560240221RAA
Composed: Jul 17,2024 6:34:39AM EDT
A
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