# COMAR Title 10 — Maryland Department of Health

## Subtitle 28 — Board of Examiners in Optometry

### Chapter 13 — Civil Penalties

#### Regulation .04 Factors to be Considered in the Assessment of Penalties.

*COMAR 10.28.13.04*

In determining whether to impose a penalty and the amount of the penalty, the Board shall consider the following factors:

A. The cost of investigating and prosecuting the case against the individual;

B. The extent of actual or potential public harm caused by the violation;

C. The extent to which the individual derived a financial benefit from the violation;

D. The history of a previous violation or violations;

E. The willfulness of the improper conduct; and

F. Mitigating factors as presented by the licensee.