§3.408. Factors considered in determining the amount of a civil money penalty. — Inbound Citations

(a) The amount of a civil money penalty will be determined in accordance with paragraph (b) of this section and § 3.408.

(5) Any factors described in § 3.408 of this subpart that were considered in determining the amount of the proposed penalty; and

(1) The respondent has the burden of going forward and the burden of persuasion with respect to any challenge to the amount of a proposed penalty pursuant to §§ 3.404 and 3.408, including any factors raised as mitigating factors.