Standards for the Assessment of Civil Penalties

Section 1458.540  Standards for the Assessment of Civil Penalties a)         In determining whether to assess civil penalties, the Commission shall consider the following factors: 1)         the lack of mitigating circumstances, including: A)        whether the violation's occurrence was attributable to causes beyond the respondent's control rather than to respondent's fault or intent; and B)        whether the violation's occurrence was attributable to action by the Commission that precluded compliance; 2)         the lack of good faith or intent, including: A)        the past compliance history of the respondent; and B)        whether a violation is the result of willful conduct or comes about through mistake, inadvertence, or negligence; 3)         the financial ability of the respondent to pay the penalties assessed; 4)         the degree to which the violative conduct was harmful to the public; and 5)         the financial benefit accruing to the respondent as a result of its illegal activities. b)         The Commission's consideration shall be limited to only those violations for which evidence exists. It shall be the burden of the respondent to establish a compelling reason why the civil penalty should be mitigated.