(2) In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors:
(a) The past history of the person incurring the penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation;
(b) Any prior violations by the person of statutes, rules, orders or authorizations pertaining to the use of state land;
(c) The immediacy and extent to which the violation threatens the public health or safety or the assets of the Common School Fund; and
(d) Any other factors determined by the director to be relevant and consistent with the policies established to implement the provisions of ORS 273.225, 273.231, 273.551, 273.715, 273.780 or 273.815 or any rule adopted under ORS 273.045 related to those sections.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the protection of the public health and safety and the protection of the assets of the Common School Fund. Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [2009 c.341 §3]