§209.119. Assessment considerations.

49 C.F.R. § 209.119

The assessment of a civil penalty under § 209.117 is made only after considering:

(a)

The nature and circumstances of the violation;

(b)

The extent and gravity of the violation;

(c)

The degree of the respondent's culpabilty;

(d)

The respondent's history of prior offenses;

(e)

The respondent's ability to pay;

(f)

The effect on the respondent's ability to continue in business; and

(g)

Such other matters as justice may require.

Notes, amendments, and revision history

Authority: 49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112, 20114; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source: 42 FR 56742, Oct. 28, 1977, unless otherwise noted.