NAC584.6712. Factors considered in imposition of civil penalty.

Before imposing a penalty pursuant to subsection 3 of NRS 584.670, the Commission will consider:

     1. The severity of the violation and its impact on competition within the dairy industry of this State;

     2. Whether the violation was intentional, willful or negligent;

     3. Whether the violation was an unfair trade practice;

     4. Whether the person who committed the violation has previously violated any applicable provisions of chapter 584 of NRS or NAC 584.5551 to 584.9391, inclusive, or the statutes or regulations which govern the dairy industry of any other state; and

     5. Any other factor the Commission deems appropriate to determine whether to impose the penalty.

     (Added to NAC by Dairy Comm’n, eff. 8-26-96; A by R093-99, 12-3-99; R150-01, 12-17-2001, eff. 1-1-2002)