§3282.418. Factors for appropriateness and amount of civil penalties.
24 C.F.R. § 3282.418
In determining whether to seek a civil penalty for a violation of the requirements of this subpart, and the amount of such penalty to be recommended, the Secretary will consider the provisions of the Act and the following factors:
The gravity of the violation;
The degree of the violator's culpability, including whether the violator had acted in good faith in trying to comply with the requirements;
The injury to the public;
Any injury to owners or occupants of manufactured homes
The ability to pay the penalty;
Any benefits received by the violator;
The extent of potential benefits to other persons;
Any history of prior violations;
Deterrence of future violations; and
Such other factors as justice may require.
Notes, amendments, and revision history
Source
Source: 78 FR 60200, Oct. 1, 2013, unless otherwise noted.
Authority
Authority: 15 U.S.C. 2697, 28 U.S.C. 2461 note, 42 U.S.C. 3535(d), 5403, and 5424.
Source
Source: 41 FR 19852, May 13, 1976, unless otherwise noted.