The assessment of a civil penalty under § 209.117 is made only after considering:

1. (a) The nature and circumstances of the violation;
2. (b) The extent and gravity of the violation;
3. (c) The degree of the respondent's culpabilty;
4. (d) The respondent's history of prior offenses;
5. (e) The respondent's ability to pay;
6. (f) The effect on the respondent's ability to continue in business; and
7. (g) Such other matters as justice may require.