Factors considered in imposition of civil penalty.

Before imposing a penalty pursuant to subsection 3 of NRS 584.670 , the Director will consider: 1. The severity of the violation and its impact on competition within the dairy industry of this State; 2. Whether the violation was intentional, willful or negligent; 3. Whether the violation was an unfair trade practice; 4. Whether the person who committed the violation has previously violated any applicable provisions of chapter 584 of NRS or NAC 584.5551 to 584.9391 , inclusive, or the statutes or regulations which govern the dairy industry of any other state; and 5. Any other factor the Director deems appropriate to determine whether to impose the penalty.