The amount of a civil penalty, as authorized by RSA 357-C:12, II (b) and VI, imposed by the board for a violation of its order(s) shall be based on the following:

1. (a) The appropriateness of a penalty in relation to the size of the business of the party charged;
2. (b) The gravity of the violation;
3. (c) Whether the non-compliant party made a good faith attempt to comply with an order;
4. (d) Degree of culpability of the non-compliant party;
5. (e) History of prior violations;
6. (f) Effect of the penalty on the party;
7. (g) Other matters as justice may require.

Source. #6980, eff 4-21-99, EXPIRED: 4-21-07 New. #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07