Section 3282.418 - Factors for appropriateness and amount of civil penaltiesIn 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:
(a) The gravity of the violation;(b) The degree of the violator's culpability, including whether the violator had acted in good faith in trying to comply with the requirements;(c) The injury to the public;(d) Any injury to owners or occupants of manufactured homes(e) The ability to pay the penalty;(f) Any benefits received by the violator;(g) The extent of potential benefits to other persons;(h) Any history of prior violations;(i) Deterrence of future violations; and(j) Such other factors as justice may require.