In determining the penalty to be imposed under Asb 308.01 through Asb 308.12, the commissioner shall utilize the following factors:

1. (a) The DRA certification level and years of experience;
2. (b) Whether the offense is a first time occurrence;
3. (c) Whether the offense is one in a series of first time offenses;
4. (d) Whether the offense is a repeat of the same offense;
5. (e) Whether one or more offenses were committed either at the same time or during the time period between when the complaint of misconduct was received and the commissioner’s determination;
6. (f) Other action such as, but not limited to, requiring successful completion of a course or class; and
7. (g) Any further information that would be helpful in reaching a determination.

Source. #12776, eff 5-9-19; ss by #12776, eff 5-9-19 (formerly Asb 308.12)