Assessment considerations.

The assessment of a civil penalty under § 209.117 is made only after considering: (a) The nature and circumstances of the violation; (b) The extent and gravity of the violation; (c) The degree of the respondent's culpabilty; (d) The respondent's history of prior offenses; (e) The respondent's ability to pay; (f) The effect on the respondent's ability to continue in business; and (g) Such other matters as justice may require.