.03 Violation Classification and Penalty.

A. The Foundation may impose a penalty for:

(1) Up to $2,500 for each violation;

(2) Each day a violation occurs; and

(3) Up to $50,000 in penalties during one administrative hearing.

B. Before imposing any civil penalty under this chapter, the Foundation shall consider the following:

(1) The nature and gravity of each violation;

(2) The willfulness of the violation and the extent to which the existence of the violation was known to the violator but uncorrected by the violator; and

(3) A history of prior violations, if any.