For the purpose of determining the amount of a fine imposed under this chapter, the commission or court shall consider the following factors:

1. (1) the seriousness, nature, circumstances, extent, and persistence of the conduct constituting the violation;
2. (2) the harm to other persons resulting either directly or indirectly from the violation;

3. (3)

   1. (a) the cooperation by the person in any inquiry conducted by the division concerning the violation;
   2. (b) efforts by the person to prevent future occurrences of the violation; and
   3. (c) efforts by the person to mitigate the harm caused by the violation, including any disgorgement or restitution made to other persons injured by the acts of the person;
4. (4) the history of previous violations by the person;
5. (5) the need to deter the person or other persons from committing the violation in the future;
6. (6) whether the person exercised undue influence;
7. (7) whether the person knew or should have known that the investor was a vulnerable adult;
8. (8) any direct or indirect compensation or economic benefit the person committing the violation received; and
9. (9) such other matters as justice may require.

Amended by Chapter 77, 2020 General Session