1. (a) The extent of noncompliance by the motor vehicle manufacturer or engine manufacturer.
2. (b) The harm caused by the noncompliance to the covered person and other persons, as well as any violations to public health and safety and to the environment.
3. (c) The nature and persistence of the noncompliance.
4. (d) The compliance history of the motor vehicle manufacturer or engine manufacturer, including the history of past noncompliance.
5. (e) The efforts made to comply, and any special circumstances preventing or delaying compliance.
6. (f) The cooperation of the motor vehicle manufacturer or engine manufacturer during the course of the Executive Officer's investigation.

In determining the appropriate conditional daily penalties that a motor vehicle manufacturer or engine manufacturer may be subject to under Health and Safety Code section 43105.5(f) and these regulations, the hearing officer shall consider the following factors.

Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Section 43105.5, Health and Safety Code; Section 1969, title 13, California Code of Regulations; and Mathews v. Eldridge (1976) 424 U.S. 319.

History

1. New section filed 9-12-2002; operative 10-1-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 37).

2. Amendment of first paragraph and subsections (a), (d) and (f) filed 6-15-2007; operative 7-15-2007 (Register 2007, No. 24).