Iowa Administrative Code
Agency 481 - Inspections and Appeals Department
Board of Mortuary Science
Chapter 905 - Enforcement Proceedings Against Nonlicensees
Rule 481-905.7 - Factors to Consider
Current through Register Vol. 47, No. 6, September 18, 2024
The board may consider the following when determining the amount of civil penalty to impose, if any:
1. Whether the amount imposed will be a substantial economic deterrent to the violation.
2. The circumstances leading to the violation.
3. The severity of the violation and the risk of harm to the public.
4. The economic benefits gained by the violator as a result of noncompliance.
5. The interest of the public.
6. The time lapsed since the unlawful practice occurred.
7. Evidence of reform or remedial actions.
8. Whether the violation is a repeat offense following a prior warning letter or other notice of the nature of the infraction.
9. Whether the violation involved an element of deception.
10. Whether the unlawful practice violated a prior order of the board, court order, cease and desist agreement, consent order, or similar document.
11. The clarity of the issue involved.
12. Whether the violation was willful and intentional.
13. Whether the nonlicensee acted in bad faith.
14. Whether the nonlicensee cooperated with the board.
