Noncompliance Procedures. The procedure in all cases of non-payment of the service fee shall be as follows:
Noncompliance Procedures. The provisions of this Code constitute minimum and not maximum standards, and this Code should not be used to prevent companies from exceeding these standards. Companies applying this code are expected to comply with national and other applicable law and, where the provisions of law and this Code of Conduct address the same subject, to apply that provision which affords the greater protection.
Noncompliance Procedures. Pursuant to Indiana Code § 5-28-6-6(3), in the event that the IEDC determines that the actual employment, Average Wage Commitment, or Qualified Investment Commitment following procedures will apply. The IEDC will provide written notice to the Company Contract Administrator providing an opportunity to explain the noncompliance at a closed- door hearing, held either mutually convenient time. The Company may submit a written response prior to the scheduled hearing, which shall act as a waiver of exceptional circumstances preventing attendance, and shall be considered a waiver of any right under Indiana Code § 5-28-6-6. the actual employment, Average Wage Commitment, or Qualified Investment Commitment will again exceed the target, then Repayment Amounts shall be deferred to a mutually agreeable date at which time the Repayment Amounts shall be recalculated as of such date. Should the IEDC make a final determination of noncompliance, the IEDC may impose an assessment on the Company or refer to the Indiana Department of Revenue for an assessment on the Company in an amount that may not exceed the aggregate of the Repayment Amounts computed in accordance with this Paragraph 8. The Company agrees that aforementioned guidelines are reasonable, fair, and consistent with Indiana Code § 5 28 6 6.
