10.41.09.04

.04 Factors To Be Considered in Assessment of Penalties.

In determining whether to impose a penalty and the amount of the penalty, the Board shall consider the following factors:

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

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

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

D. The history of any previous violation;

E. The willfulness of the improper conduct; and

F. Any mitigating factors as presented by the licensee.