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The maximum amounts of civil penalties than can be imposed for regulatory violations are set by federal statutes that authorize Part 386.
The actual civil penalties assessed in each proceeding are based on limits defined in Part 386 and consideration of the information available at the time of the claim. Information includes the nature, circumstances, extent, and gravity of the violation. Other factors, with respect to the violator, include the degree of culpability, history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice and public safety may require.
As the claims and notices are judged under the administrative procedures, additional information may be developed regarding those factors affecting the final amount of the claim. Consideration will be given to good faith efforts to achieve compliance with the terms of the notices and orders.