(a)

1. (1) The informal hearing panel and/or the appropriate committee and the full State Plant Board will carefully review the documentation and hear cases of alleged violations.

2. (2) Should a violation be determined in this sequence, the following factors will be considered:

   1. (A) Cooperation of the respondent; and
   2. (B) Other extenuating/mitigating circumstances.
3. (3) The committee/board may use these factors to accelerate or mitigate enforcement action.

4. (4)

   1. (A) When a civil penalty is the preferred action, the base penalty may be increased or decreased based on these factors.
   2. (B) The civil penalty will not be more or less than the range for the specific violation listed in Appendix A unless determined by committee or board action.