In determining the amount of any proposed civil penalty, the gravity of the violation shall be considered by the secretary or the secretary's designee. Factors to be considered shall include:

1. (a) The potential of the act to injure humans, pets, domestic animals, wildlife or the environment;
2. (b) the severity of potential injuries;
3. (c) the extent to which injury actually occurred;
4. (d) the respondent's history of compliance with state and federal pesticide laws and regulations promulgated thereunder;
5. (e) any action taken by respondent to remedy the specific violation or to mitigate any adverse health effects or environmental effects which were the result of the violation; and
6. (f) whether or not the violation involved any misrepresentation or fraud.

(Authorized by K.S.A. 2-2467a; implementing K.S.A. 2-2440e; effective Jan. 1, 1989; amended Jan. 25, 1993.)