Title 49: Transportation
PART 209—RAILROAD SAFETY ENFORCEMENT PROCEDURES
Subpart B—Hazardous Materials Penalties
Civil Penalties
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§ 209.119 Assessment considerations.
The assessment of a civil penalty under §209.117 is made only after considering:
(a) The nature and circumstances of the violation;
(b) The extent and gravity of the violation;
(c) The degree of the respondent's culpabilty;
(d) The respondent's history of prior offenses;
(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.
