Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 49 - Transportation |
Subtitle B - Other Regulations Relating to Transportation |
Chapter I - Pipeline and Hazardous Materials Safety Administration, Department of Transportation |
SubChapter A - Hazardous Materials and Oil Transportation |
Part 107 - Hazardous Materials Program Procedures |
Subpart D - Enforcement |
Compliance Orders and Civil Penalties |
§ 107.331 - Assessment considerations.
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§ 107.331 Assessment considerations.
After finding a knowing violation under this subpart, the Office of Chief Counsel assesses a civil penalty taking the following into account:
(a) The nature and circumstances of the violation;
(b) The extent and gravity of the violation;
(c) The degree of the respondent's culpability;
(d) The respondent's prior violations;
(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.
[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-30, 58 FR 50500, Sept. 27, 1993; Amdt. 107-38, 61 FR 21100, May 9, 1996]