Iowa Code r. 481-905.7 - Factors to consider
The board 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 board, 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 nonlicensee acted in bad faith.
14. Whether the nonlicensee cooperated with
the board.
Notes
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