Factors for appropriateness and amount of civil penalties.

In determining whether to seek a civil penalty for a violation of the requirements of this subpart, and the amount of such penalty to be recommended, the Secretary will consider the provisions of the Act and the following factors: (a) The gravity of the violation; (b) The degree of the violator's culpability, including whether the violator had acted in good faith in trying to comply with the requirements; (c) The injury to the public; (d) Any injury to owners or occupants of manufactured homes (e) The ability to pay the penalty; (f) Any benefits received by the violator; (g) The extent of potential benefits to other persons; (h) Any history of prior violations; (i) Deterrence of future violations; and (j) Such other factors as justice may require.