§ 42-72.11-6. Determination of administrative penalty.
Prior to the imposition of an administrative penalty, the department shall complete a risk and safety analysis and the director shall consider the following:
(1) The actual and potential impact on health, safety and welfare of children impacted by the alleged noncompliance;
(2) Whether the person being assessed the administrative penalty took steps to prevent noncompliance, and to promptly come into compliance;
(3) Whether the person being assessed the administrative penalty has previously failed to comply with any rule, regulation, or order issued or adopted by the director, or any law which the director has the authority to enforce;
(4) Deterring future noncompliance;
(5) Eliminating the economic advantage of noncompliance;
(6) Consistency with state and/or federal statute for a similar violation or failure to comply;
(7) Any other factor(s) that may be relevant in determining the amount of a penalty, provided that the other factors shall be set forth in the written notice of assessment of the penalty; and
(8) The public interest.
History of Section.
P.L. 2018, ch. 47, art. 15, § 6.