In assessing a penalty the following factors shall be considered:

1. (1) The age and experience of the violator;
2. (2) The number of previous rule violations for the same or related offense;
3. (3) The total number of racing rule or statute violations assessed against the violator;
4. (4) Actions taken by the violator to avoid the violations;
5. (5) The extent of the violator’s direct involvement in the violation;
6. (6) The effect of the violation on innocent third parties;
7. (7) The extent the violator would profit from the misconduct;
8. (8) The effect on revenue to units of government, or other state interests including, but not limited to, the public’s perception of the integrity of racing and wagering thereon;
9. (9) Whether the violator acted negligently, willfully or recklessly; and
10. (10) Any other factor which is material and relevant to the case.

History

History: Cr. Register, July, 1990, No. 415, eff. 8-1-90.