In addition to any other considerations permitted by Arkansas Code § 20-23-101 et seq., if applicable, the Boiler Inspection Division in imposing any sanction may consider the following:
- (1) The nature and degree of the misconduct for which the sanction is being imposed;
- (2) The seriousness and circumstances surrounding this misconduct;
- (3) The loss or damage to clients or others;
- (4) The assurance of future compliance;
- (5) The profit to the wrongdoer;
- (6) The avoidance of repetition;
(7) Whether the conduct was:
- (A) Deliberate;
- (B) Intentional; or
- (C) Negligent;
- (8) The deterrent effect on others;
- (9) The conduct of the individual, corporation, or other entity during the course of the disciplinary proceeding;
- (10) Any prior enforcement actions or sanctions, including warnings; and
- (11) Matters offered in mitigation or extenuation, except that a claim of disability or impairment resulting from the use of alcohol or drugs may not be considered unless the individual demonstrates that he or she is successfully pursuing in good faith a program of recovery.