Regulation .05 Violations.

If a person willfully violates this chapter, the Secretary may assess a civil penalty:

(1)

For a first violation after receiving a letter of reprimand, not exceeding $2,500;

(2)

For a second violation, not exceeding $5,000;

(3)

For a third violation, not exceeding $7,500; and

(4)

For any subsequent violation, not exceeding $10,000 for each violation.

In determining the amount of a penalty under §A of this regulation, the Secretary shall consider:

(1)

The nature and severity of the violation;

(2)

The good faith of the person;

(3)

The history of violations by the person;

(4)

The extent to which the person cooperated with any investigation by the Department; and

(5)

Whether the person has previously been issued a letter of reprimand.

For a violation of this chapter, the Secretary shall issue a letter of reprimand.