After finding a knowing violation under this subpart, the Office of Chief Counsel assesses a civil penalty taking the following into account:
(a)
The nature and circumstances of the violation;
(b)
The extent and gravity of the violation;
(c)
The degree of the respondent's culpability;
(d)
The respondent's prior violations;
(e)
The respondent's ability to pay;
(f)
The effect on the respondent's ability to continue in business; and
(g)
Such other matters as justice may require.
[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-30, 58 FR 50500, Sept. 27, 1993; Amdt. 107-38, 61 FR 21100, May 9, 1996]