Assessment considerations.

The Associate Administrator, OPS assesses a civil penalty under this part only after considering:

(a) The nature, circumstances and gravity of the violation;

(b) The degree of the respondent's culpability;

(c) The respondent's history of prior offenses;

(d) The respondent's ability to pay;

(e) Any good faith by the respondent in attempting to achieve compliance;

(f) The effect on the respondent's ability to continue in business; and

(g) Such other matters as justice may require.

[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18515, Apr. 26, 1996]