Determination of amount of penalty or fine

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    In determining the amount of a financial penalty or fine to be imposed under this title, the Commission, in a fair and equitable manner, shall consider:

        (1)    the seriousness and effect of the violation;

        (2)    the good faith of the violator;

        (3)    the violator’s history of previous violations; and

        (4)    the ability of the violator to pay.


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