Iowa Admin. Code r. 193E-21.8

Current through Register Vol. 47, No. 5, September 4, 2024

Rule 193E-21.8 - Factors to consider

The commission may consider the following when determining the amount of civil penalty to impose, if any:

1. Whether the amount imposed will be a substantial economic deterrent to the violation.

2. The circumstances leading to the violation.

3. The severity of the violation and the risk of harm to the public.

4. The economic benefits gained by the violator as a result of noncompliance.

5. The interest of the public.

6. The time lapsed since the unlawful practice occurred.

7. Evidence of reform or remedial actions.

8. Whether the violation is a repeat offense following a prior warning letter or other notice of the nature of the infraction.

9. Whether the violation involved an element of deception.

10. Whether the unlawful practice violated a prior order of the commission, court order, cease and desist agreement, consent order, or similar document.

11. The clarity of the issue involved.

12. Whether the violation was willful and intentional.

13. Whether the unlicensed person acted in bad faith.

14. The extent to which the unlicensed person cooperated with the commission.

Iowa Admin. Code r. 193E-21.8

Adopted by IAB April 17, 2024/Volume XLVI, Number 21, effective 5/22/2024