a) Upon the receipt of a report of a suspected violation, the Staff of the Commission shall consider the matter and determine whether a violation has occurred. Staff's consideration may include, among other things, one or more of the following:

1. 1) Verification of records;
2. 2) Informal meetings;
3. 3) Teleconferences;
4. 4) Photo-documentation; and
5. 5) Comments or correspondence obtained from the parties involved.

b) If Staff determines that a violation has occurred, Staff shall also consider the appropriate amount, if any, of a penalty to assess. In determining the amount of the penalty, Staff shall consider the alleged violator's:

1. 1) Gravity of noncompliance with the law;
2. 2) Culpability;
3. 3) History of noncompliance;
4. 4) Ability to pay the penalty;
5. 5) Good faith in attempting to comply with the law;
6. 6) Ability to continue in business; and
7. 7) Any other special circumstances relevant to the matter. [220 ILCS 50/11(j)]