In determining whether to seek a civil penalty for a violation of the requirements of this subpart, and the amount of such penalty to be recommended, the Secretary will consider the provisions of the Act and the following factors:
(a) The gravity of the violation;
(b) The degree of the violator's culpability, including whether the violator had acted in good faith in trying to comply with the requirements;
(c) The injury to the public;
(d) Any injury to owners or occupants of manufactured homes
(e) The ability to pay the penalty;
(f) Any benefits received by the violator;
(g) The extent of potential benefits to other persons;
(h) Any history of prior violations;
(i) Deterrence of future violations; and
(j) Such other factors as justice may require.