A. The Commission may deny a permit to an applicant for a satellite simulcast betting permit, or may suspend or revoke a satellite simulcast betting permit, if:
(1) An applicant or permit holder:
(a) Has violated an applicable provision of law,
(b) Has violated a regulation of the Commission, or
(c) Has not complied with a condition imposed by the Commission;
(2) The Commission determines that the:
(a) Information it obtains pursuant to Regulations .02-----.05 of this chapter does not justify the granting or renewal of a permit, or
(b) Permit holder has not maintained the satellite simulcast betting facility or its operation in a manner consistent with the information the Commission relied upon in granting the permit.
B. Instead of, or in addition to, suspending a permit, the Commission may impose a fine not exceeding $5,000 for each day a violation occurs.
C. In determining the penalty to be imposed, the Commission shall consider the:
(1) Seriousness of the violation;
(2) Harm caused by the violation;
(3) Good faith or lack of good faith of the permittee; and
(4) Operational history of the permittee.