(b) The assessing official will consider relevant factors when determining whether to initiate an action to impose a civil penalty under the procedures in this subpart. Those factors may include, but are not limited to, the following:

1. (1) The scope of the misuse;
2. (2) The purpose and/or nature of the misuse;
3. (3) The extent of the harm caused by the misuse;
4. (4) The circumstances of the misuse;
5. (5) The commercial benefit intended to be derived from the misuse; and
6. (6) The repeated nature of the misuse.

(c) If the assessing official decides to initiate an action to impose a civil penalty under the procedures in this subpart, he or she will, in writing:

1. (1) Appoint an examining official; and
2. (2) Delegate to the examining official the authority to prepare, sign, and serve an Initial Notice of Assessment on behalf of the assessing official.