§ 42-17.6-6. Determination of administrative penalty. In determining the amount of each administrative penalty, the director shall include, but not be limited to, the following to the extent practicable in his or her considerations:

(1) The actual and potential impact on public health, safety and welfare and the environment of the failure to comply;

(2) The actual and potential damages suffered, and actual or potential costs incurred, by the director, or by any other person;

(3) Whether the person being assessed the administrative penalty took steps to prevent noncompliance, to promptly come into compliance and to remedy and mitigate whatever harm might have been done as a result of such noncompliance;

(4) Whether the person being assessed the administrative penalty has previously failed to comply with any rule, regulation, order, permit, license, or approval issued or adopted by the director, or any law which the director has the authority or responsibility to enforce;

(5) Making compliance less costly than noncompliance;

(6) Deterring future noncompliance;

(7) The financial condition of the person being assessed the administrative penalty;

(8) The amount necessary to eliminate the economic advantage of noncompliance including, but not limited to, the financial advantage acquired over competitors from the noncompliance;

(9) Whether the failure to comply was intentional, willful, or knowing and not the result of error;

(10) Any amount specified by state and/or federal statute for a similar violation or failure to comply;

(11) 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

(12) The public interest.

History of Section. (P.L. 1987, ch. 243, § 2.)