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*§28-202.4.1 Determining the Amount of the Civil Penalty to Be Imposed
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In determining the amount of the civil penalty to be imposed the court shall consider:
- The extent and severity of injury to persons and property;
- The history of violations by the defendant of laws or rules enforced by the department;
- The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; and
- The defendant's financial resources.