---
kind: "section"
citation: "16 C.F.R. § 1.97"
title: "16"
number: "1.97"
heading: "Amount of penalty."
url: "https://uscodex.org/cfr/16/1.97"
---

# §1.97. Amount of penalty.


All penalties assessed under this subchapter shall be in the amount per violation as described in [section 333(a)](/cfr/16/333.md?p=a) of the Energy Policy and Conservation Act, [42 U.S.C. 6303(a)](/usc/42/6303.md?p=a), adjusted for inflation pursuant to [§ 1.98](/cfr/16/1.98.md), unless the Commission otherwise directs. In considering the amount of penalty, the Commission shall take into account:

- (a) Respondent's size and ability to pay;
- (b) Respondent's good faith;
- (c) Any history of previous violations;
- (d) The deterrent effect of the penalty action;
- (e) The length of time involved before the Commission was made aware of the violation;
- (f) The gravity of the violation, including the amount of harm to consumers and the public caused by the violation; and
- (g) Such other matters as justice may require.

## Notes

### Amendments

[32 FR 8444, June 13, 1967, as amended at 61 FR 54548, Oct. 21, 1996]

### Source

Source: 45 FR 67318, Oct. 10, 1980, unless otherwise noted.

### Authority

Authority: 15 U.S.C. 46; 15 U.S.C. 57a; 5 U.S.C. 552; 5 U.S.C. 601 note.

### Source

Source: 32 FR 8444, June 13, 1967, unless otherwise noted.

### Amendments

[32 FR 8444, June 13, 1967, as amended at 61 FR 54548, Oct. 21, 1996]