1. (a) The amount of any fines to be assessed under Puc 3005.01, the period and scope of any suspension under Puc 3005.02 or Puc 3005.03, as applicable, or the decision to revoke the registration of a CNGS or aggregator under Puc 3005.04, shall be determined based on consideration of the following factors:

   1. (1) The severity of the sanctionable event;
   2. (2) Whether the sanctionable event was unintentional or immaterial;
   3. (3) Whether the CNGS or aggregator acted in good faith to comply with all applicable statutory and regulatory requirements;
   4. (4) Mitigating circumstances, if any, with respect to the sanctionable event; and
   5. (5) Other relevant information pertaining to the business practices of the CNGS or aggregator and its principals.
2. (b) For the purposes of this section, “mitigating circumstances” means facts, actions, or conditions which might excuse or justify a particular course of action.

Source. #12757, eff 6-1-19