Compilation of Rules and Regulations of the State of Georgia
Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-1 - ADMINISTRATION
Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES
Rule 391-1-2-.09 - Criteria for Review and for Determining Civil Penalties
Current through Rules and Regulations filed through September 23, 2024
In rendering a decision imposing civil penalties, the ALJ shall consider all factors which are relevant including the factors listed below to the extent applicable and not inconsistent with statutory or more specific regulatory provisions.
(a) The amount of civil penalty necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying to comply;
(b) The character and degree of impact of the violation or failure on the natural resources of the state, especially any rare or unique natural phenomena;
(c) The nature of the violator's conduct which resulted in the violation in terms and inadvertence, negligence, recklessness, or knowing intent;
(d) The conduct of the violator to take promptly, or in failing or refusing to take promptly, all feasible steps or procedures necessary or appropriate to comply of to correct the violation or failure;
(e) Any prior violations of, or failures by, such person to comply with statutes, rules, regulations, orders, or permits administered, adopted, or issued by a Department of Natural Resources Decision Maker;
(f) The character and degree of injury to or interference with the reasonable use of property which is caused or threatened to be caused by such violation or failure; and
(g) The character and degree of injury to or interference with public health and safety which is caused or threatened to be caused by such violation or failure.
O.C.G.A. Sec. 50-13-22.
