In determining whether to seek a civil penalty for a violation of the requirements of this subpart, and the amount of such penalty to be recommended, the Secretary will consider the provisions of the Act and the following factors:

1. (a) The gravity of the violation;
2. (b) The degree of the violator's culpability, including whether the violator had acted in good faith in trying to comply with the requirements;
3. (c) The injury to the public;
4. (d) Any injury to owners or occupants of manufactured homes
5. (e) The ability to pay the penalty;
6. (f) Any benefits received by the violator;
7. (g) The extent of potential benefits to other persons;
8. (h) Any history of prior violations;
9. (i) Deterrence of future violations; and
10. (j) Such other factors as justice may require.