Sec. 10.25.12.03. Factors Considered in the Assessment of Penalties  


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  • A. The Commission shall consider the following factors in determining whether to impose a fine and the amount of any fine:

    (1) The willfulness of the improper conduct;

    (2) The extent of actual or potential public harm caused by the violation;

    (3) The cost of auditing or investigating the matter; and

    (4) The party's history of any previous violation.

    B. The Commission may suspend or waive any fine for reporting of inaccurate data if the party that filed the inaccurate data reports and corrects the inaccuracies in a timely manner.