1. (a) The total fine proposed by the department shall not be more than the sum of $1,000 per employee per each day the violation continues.
2. (b) In any case of a continuing violation activity, each day during which such violation occurs shall be a separate violation.
3. (c) When calculating the proposed fine, the department shall apply mitigating factors or aggravating factors as described in Lab 1508.04 (d) and (e) to determine mitigating circumstances or aggravating circumstances.

4. (d) The department shall apply the following mitigating factors when calculating a proposed fine:

   1. (1) The violation of law was remedied within 30 days;
   2. (2) The leasing company does not have a history of non-compliance with the statute (s) or rule(s) of the department;
   3. (3) The leasing company has not derived direct or indirect economic benefit from the violation; and

   4. (4) The leasing company has made a good faith effort to comply with the statute(s) or rule(s)

      involved and the violation occurred despite those efforts.

5. (e) The department shall consider the following aggravating factors when calculating the proposed fine:

   1. (1) The leasing company was aware of the requirements applicable to the activity(ies) that formed the basis for the department’s allegations at the time of the violation;
   2. (2) The leasing company derived some direct or indirect economic benefit from the offense;
   3. (3) The leasing company did not act in good faith to remedy the violation(s) for which the fine is sought; and
   4. (4) The leasing company has a history of non-compliance with the statute(s) or rule(s) of the department.

Source. #10221, eff 11-3-12; ss by #13440, eff 8-24-22