Section 19.03. Factors in aggravation and mitigation.

  In assessing a penalty the following factors shall be considered:

(1)  The age and experience of the violator;

(2)  The number of previous rule violations for the same or related offense;

(3)  The total number of racing rule or statute violations assessed against the violator;

(4)  Actions taken by the violator to avoid the violations;

(5)  The extent of the violator's direct involvement in the violation;

(6)  The effect of the violation on innocent third parties;

(7)  The extent the violator would profit from the misconduct;

(8)  The effect on revenue to units of government, or other state interests including, but not limited to, the public's perception of the integrity of racing and wagering thereon;

(9)  Whether the violator acted negligently, willfully or recklessly; and

(10)  Any other factor which is material and relevant to the case.

History: Cr. Register, July, 1990, No. 415 , eff. 8-1-90.