---
kind: "section"
citation: "49 C.F.R. § 209.119"
title: "49"
number: "209.119"
heading: "Assessment considerations."
url: "https://uscodex.org/cfr/49/209.119"
---

# §209.119. Assessment considerations.


The assessment of a civil penalty under [§ 209.117](/cfr/49/209.117.md) 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

### Authority

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

### Source

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