Sec. 10.40.07.04. Factors to be Considered in the Assessment of Penalties

The Board shall consider the following factors in determining whether to impose a penalty and the amount of any penalty:

A. The extent to which the individual derived any financial benefit from the violation;

B. The willfulness of the improper conduct;

C. The extent of actual or potential public harm caused by the violation;

D. The cost of investigating and prosecuting the case against the individual;

E. The individual’s history of any previous violation; and

F. If the penalty being imposed is for unauthorized practice, the length of time in which the individual engaged in the unauthorized practice.