The amount of recommended penalty shall be determined by a majority vote of the panel. Factors to be considered in determining the amount of the penalty shall be:

1. (1) The amount of damage, degree of threat to the public safety, and inconvenience caused;
2. (2) The respondent's plans and procedures to insure future compliance with statute and rules;
3. (3) Any history of previous violations;
4. (4) Other matters as justice requires.

Source: SL 2002, ch 211 , § 20.