c) The following factors shall be weighed by the Director or hearing officer appointed by the Director when determining the severity of a violation that requires disciplinary action:

1. 1) Whether the violation constitutes a criminal offense under the Criminal Code of 2012 [720 ILCS 5] or any federal law and, if so, whether the violation would be considered a petty or business offense, misdemeanor, or felony under Illinois law;
2. 2) Whether the certified licensee cooperated with ISP in its investigation;
3. 3) Whether the CL refused to cooperate with ISP in its investigation, including, but not limited to, providing false or misleading information;
4. 4) Whether the violation is the first violation or a subsequent violation of the Act;
5. 5) Whether the CL has received prior discipline for the violation in question (i.e., 1^st violation, 2^nd or subsequent violation);
6. 6) The number of violations committed by the CL;
7. 7) Whether the violation involves fraudulent activity, deception or misrepresentation;
8. 8) Whether the violation directly resulted in the death or injury to any person or damage to any property; and
9. 9) Whether the violation constitutes a petty, minor, or major violation as those terms are defined in subsections (c), (d) and (e).

e) Minor violations of the Act may be subject to probation or suspension not to exceed one year for a 1^st violation or 18 months for a 2^nd or subsequent violation, or a civil penalty or a fine not to exceed $2,500 for a 1^st violation and $5,000 for a 2^nd or subsequent violation. For the purposes of this Section, "minor violation" means:

1. 1) any violation of Section 5-15 of the Act that would constitute a Class A misdemeanor; and

2. 2) a violation of Section 5-85 of the Act:

   1. A) (a)(1), (a)(3), (a)(5) or (a)(8), if the violation would constitute a Class A misdemeanor;
   2. B) (a)(2), if due to negligence or carelessness;
   3. C) (a)(6)(A), if a misdemeanor;
   4. D) (a)(7), if the person did not have knowledge the firearms were sold or transferred illegally, but should have known; and
   5. E) (a)(9).

f) Major violations of the Act shall be subject to suspension for a period of time deemed appropriate by the Director, or to revocation, based on the facts and circumstances of the violation, and may include a civil penalty or fine not to exceed $5,000 for a 1^st violation and $10,000 for a 2^nd or subsequent violation. For the purposes of this Section, "major violation" means:

1. 1) any violation of Section 5-15 of the Act that would constitute a Class 4 felony; and

2) a violation of Section 5-85 of the Act:

1. A) (a)(1), (a)(3), (a)(5), (a)(6)(A), or (a)(8), if the violation would constitute a felony;
2. B) (a)(2), if due to intentional or willful and wanton behavior;
3. C) (a)(7), if the person had knowledge the firearms were sold or transferred illegally;
4. D) (a)(10); and
5. E) (a)(11).