La. Admin. Code tit. 33 § I-703
Nine Factors- the factors listed in R.S. 30:2025(E)(3)(a) and considered by the department in determining whether or not a civil penalty is to be assessed and in determining the amount agreed upon in compromise. The nine factors are as follows:
a. the history of previous violations or repeated noncompliance;
b. the nature and gravity of the violation;
c. the gross revenues generated by the respondent;
d. the degree of culpability, recalcitrance, defiance, or indifference to regulations or orders;
e. the monetary benefits realized through noncompliance;
f. the degree of risk to human health or property caused by the violation;
g. whether the noncompliance or violation and the surrounding circumstances were immediately reported to the department, and whether the violation or noncompliance was concealed or there was an attempt to conceal by the person charged;
h. whether the person charged has failed to mitigate or to make a reasonable attempt to mitigate the damages caused by his noncompliance or violation; and
i. the costs of bringing and prosecuting an enforcement action, such as staff time, equipment use, hearing records, and expert assistance.
Penalty Event- any violation [as defined in R.S. 30:2004(21)] for which the administrative authority, after consideration of the factors listed in R.S. 30:2025(E)(3)(a), determines a penalty is warranted. For violations lasting more than one 24-hour day, each such day of violation may be treated as a separate penalty event.
Response Costs- the costs to the state of any response action made necessary by a penalty event that are not voluntarily paid by the violator. These costs shall include, but are not limited to, the costs of surveillance staff activities including cleanup costs and the costs of bringing and prosecuting an enforcement action, such as staff time, equipment use, hearing records, and expert assistance.
Violation Specific Factor- the two of the nine factors considered when plotting a violation on the penalty matrix. Each factor is weighed consistently without regard to the violator, and no special circumstances or violator-specific factors are considered when plotting the violation on the penalty matrix. These factors include:
a. the nature and gravity of the violation; and
b. the degree of risk to human health or property caused by the violation.
Violator-Specific Factor- the five of the nine factors considered when adjusting the difference between the minimum and maximum penalty range within a particular cell on the penalty matrix. The degree of adjustment in a particular penalty range on the penalty matrix will vary depending upon the specific and unique circumstances of these five factors. These factors include:
a. the history of previous violations or repeated noncompliance;
b. the gross revenues generated by the respondent;
c. the degree of culpability, recalcitrance, defiance, or indifference to regulations or orders;
d. whether the person charged has failed to mitigate or to make a reasonable attempt to mitigate the damages caused by his noncompliance or violation; and
e. whether the noncompliance or violation and the surrounding circumstances were immediately reported to the department, and whether the violation or noncompliance was concealed or there was an attempt to conceal by the person charged.
La. Admin. Code tit. 33, § I-703