Aggravating and Mitigating Factors Clause Samples

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Aggravating and Mitigating Factors. The penalties in this matter were determined in consideration of all relevant circumstances, including statutory factors as described in CARB’s Enforcement Policy. CARB considered whether the violator came into compliance quickly and cooperated with the investigation; the extent of harm to public health, safety and welfare; nature and persistence of the violation, including the magnitude of the excess emissions; compliance history; preventative efforts taken; innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; efforts to attain, or provide for, compliance prior to violation; action taken to mitigate the violation; financial burden to the violator; and voluntary disclosure. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger depending on the unique circumstances of the case.
Aggravating and Mitigating Factors. The penalties in this matter were determined in consideration of all relevant circumstances, including statutory factors as described in CARB’s Enforcement Policy. CARB considered whether the violator came into compliance quickly and cooperated with the investigation; the extent of harm to public health, safety and welfare; nature and persistence of the violation, including the magnitude of the excess emissions; compliance history; preventative efforts taken; innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; efforts to attain, or provide for, compliance prior to violation; action taken to mitigate the violation; financial burden to the violator; and voluntary disclosure. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and the potential costs, risks, and uncertainty associated with litigation. In this matter, there were a number of mitigating factors, including that this is the first time CARB has alleged a violation of the LCFS against Amp, that Amp is a low carbon fuel producer and not an obligated party under the LCFS, that Amp has fully cooperated in CARB’s investigation, and that Amp has surrendered all credits generated from the alleged violation described above. Penalties in future cases might be smaller or larger depending on the unique circumstances of the case.
Aggravating and Mitigating Factors. The penalties in this matter were determined in consideration of all relevant circumstances, including statutory factors and CARB’s Enforcement Policy. CARB considered whether the violators came into compliance quickly and cooperated with the investigation; the extent of harm to public health, safety and welfare; the nature and persistence of the violation, including the magnitude of the excess emissions; the violators’ compliance histories; preventative efforts taken by the violators, including action taken to mitigate the violations; the innovative nature and magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; efforts to attain, or provide for, compliance prior to violation; financial burden to the violators; and whether the violators voluntarily disclosed the violations. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and in consideration of the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger, depending on the unique circumstances of the case.
Aggravating and Mitigating Factors. The penalties in this matter were determined in consideration of all relevant circumstances, including statutory factors as described in CARB’s Enforcement Policy. CARB considered whether the violator came into compliance quickly and cooperated with the investigation; the extent of harm to public health, safety and welfare; nature and persistence of the violation, including the magnitude of the excess emissions; compliance history; preventative efforts taken; innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; efforts to attain, or provide for, compliance prior to violation; action taken to mitigate the violation; financial burden to the violator; and voluntary disclosure. ▇▇▇▇▇ came into compliance quickly, put into place policies and procedures to prevent similar issues in the future, and fully cooperated with the investigation. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger depending on the unique circumstances of the case.
Aggravating and Mitigating Factors. The penalties in this matter were determined in consideration of all relevant circumstances, including statutory factors as described in CARB’s Enforcement Policy. CARB considered whether the violator came into compliance quickly and cooperated with the investigation; the extent of harm to public health, safety and welfare; nature and persistence of the violation, including the magnitude of the excess emissions; compliance history; preventative efforts taken; innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; efforts to attain, or provide for, compliance prior to violation; action taken to mitigate the violation; financial burden to the violator; and voluntary disclosure. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger depending on the unique circumstances of the case. Mitigating factors include the following specific examples, one or more of which may apply to each specific issue: a) PORSCHE thoroughly and timely self-disclosed all of the alleged violations included herein to CARB and the United States Environmental Protection Agency (EPA) pursuant to “Incentives for Self-Policing; Discovery, Disclosure, Correction and Prevention of Violations, 65 Federal Regulations, section 19,618 (Apr. 11, 2000) and the California Environmental Protection Agency’s (“CalEPA”) “Recommended Guidance on Incentives for Voluntary Disclosure” (October 2003); b) PORSCHE has promptly commenced to completely fix and has in most cases already fixed all problems identified associated with identified emissions exceedances; c) PORSCHE improved processes that address the issues and to ensure that no vehicle will be imported, sold, or delivered in California that is not the same in all material respects as the vehicle in the application for certification; d) These were first time occurrences by PORSCHE of these types of alleged violations; e) PORSCHE fully complied with the investigation and performed substantial, additional analysis, testing, and effort, and provided requested information in a complete and timely manner; f) PORSCHE promptly mitigated the environmental and programmatic impacts of the alleged violation by issuing a stop-sale ord...
Aggravating and Mitigating Factors. Aggravating factors are circumstances that increase the severity of the impact of the directive violation. Mitigating factors are circumstances that do not excuse or justify the conduct but decrease the severity of the impact of the directive violation.
Aggravating and Mitigating Factors. Pursuant to DR 515.1.4, the Board may consider the existence of aggravating and mitigating factors in determining the sanctions to be imposed.
Aggravating and Mitigating Factors. The division will consider aggravating and mitigating factors in determining penalties for both minor and major violations listed in this rule chapter. The factors are not necessarily listed in order of importance, and they shall be applied against each single count of the listed violation.
Aggravating and Mitigating Factors. The Executive Counsel considers that there are no aggravating or mitigating factors that have not already been considered as part of the assessment of the seriousness of the Misconduct and that make it necessary to adjust the sanctions determined to be appropriate.
Aggravating and Mitigating Factors. The penalties in this matter were determined in consideration of all relevant circumstances, including the statutory factors specified in Health & Safety Code section 42403. CARB considered whether ACT cooperated with the investigation; the extent of harm caused by the violation; the nature and persistence of the violation; the length of time over which the violation occurred; action taken to mitigate the violation; and, the financial burden to the violator. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and to account for the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger depending on the unique circumstances of the case.