---
kind: "section"
citation: "49 C.F.R. § 209.619"
title: "49"
number: "209.619"
heading: "Assessment considerations."
url: "https://uscodex.org/cfr/49/209.619"
---

# §209.619. Assessment considerations.


The assessment of a civil penalty under [§ 209.617](/cfr/49/209.617.md) is made only after considering:

- (a) the nature, circumstances, extent, and gravity of the violation;
- (b) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and
- (c) other matters that justice requires.

## Notes

### Source

Source: 91 FR 22065, Apr. 24, 2026, unless otherwise noted.

### 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.