§ 3282.418 - Factors for appropriateness and amount of civil penalties.

Copy with citation
Copy as parenthetical citation

In determining whether to seek a civil penalty for a violation of the requirements of this subpart, and the amount of such penalty to be recommended, the Secretary will consider the provisions of the Act and the following factors:

The gravity of the violation;

The degree of the violator's culpability, including whether the violator had acted in good faith in trying to comply with the requirements;

The injury to the public;

Any injury to owners or occupants of manufactured homes

The ability to pay the penalty;

Any benefits received by the violator;

The extent of potential benefits to other persons;

Any history of prior violations;

Deterrence of future violations; and

Such other factors as justice may require.