CFR > Title 49 - Transportation > SUBTITLE B—Other Regulations Relating to Transportation > CHAPTER I—PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (Parts 105–199) > SUBCHAPTER A—HAZARDOUS MATERIALS AND OIL TRANSPORTATION (Parts 105–110) > PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES > SUBPART D—Enforcement (§107.301 to §107.339) > 107.331—Assessment considerations.

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]