1. a) Lack of good faith or intent, including:

   1. 1) Past compliance history of the license, registration or permit holder; and

      1. 2) Whether a violation is the result of willful conduct or comes about through mistake, inadvertence or negligence;

   2. b) Degree to which the violative conduct was harmful to the public;

      1. c) Financial benefit accruing to the license, registration or permit holder as a result of its illegal activities;

   3. d) Mitigating circumstances, including:

      1. 1) Whether the violation's occurrence was attributable to causes beyond the license, registration or permit holder's control rather than to license, registration or permit holder's fault or intent; and
      2. 2) Whether the violation's occurrence was attributable to action by the Commission that precluded compliance;
      3. e) Whether probation would deprecate the seriousness of the license, registration or permit holder's conduct; and
2. f) Any other factors the Commission deems appropriate.

In deciding whether to place a license, registration or permit holder on probation, the Commission shall consider the following factors:

(Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014)