ARSD 20:06:01:02. Determination of penalty amount

In determining the penalty for a violation of an insurance law by an agent, broker, or insurer, the director may consider, but is not limited to, the following factors: (1) Prior violations of the law by the agent, broker, or insurer; (2) Number of violations of a statute; (3) Number of statutes violated; (4) Penalties assessed against other agents, brokers, or insurers for the same violations; (5) Magnitude of the harm to the public and insured; and (6) Any mitigating circumstances.