§ 209.119 Assessment considerations.
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Title 49—Transportation > Subtitle B—Other Regulations Relating to Transportation > CHAPTER II—FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION > PART 209—RAILROAD SAFETY ENFORCEMENT PROCEDURES > Subpart B—Hazardous Materials Penalties > Civil Penalties
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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.
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