Section 800.35  Penalty Determinations

In assessing the penalties for violation of the Act, the Director shall take into consideration:

a)         Cost involved in ensuring compliance with the Act in the case in question.

b)         The cost incurred in recovering the penalty.

c)         The amount of penalty assessed under Public Law 95-460.

d)         The total amount of penalty assessed cannot exceed the requirements established in Section 4(b) of the Act.