(b)

1. (1) A violation will be determined by documentation of criteria as specified in Appendix A.
2. (2) The severity and level of enforcement of a violation will be determined by the three (3) factors in 2 CAR § 73-106, as they are applied to the Penalty Matrix, see Appendix A.

(c)

1. (1) If a violation is determined in this sequence, the following factors will be considered:

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

3. (3)

   1. (A) When a civil penalty is the preferred action, the base fine 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.