(a) A civil money penalty may be assessed for each violation of the
Act or these regulations.
(b) In determining the amount of penalty to be assessed for any
violation of the Act or these regulations the Secretary shall consider
the type of violation committed and other relevant factors, including
but not limited to the following:
(1) Previous history of violation or violations of this Act and the
Farm Labor Contractor Registration Act;
(2) The number of workers affected by the violation or violations;
(3) The gravity of the violation or violations;
(4) Efforts made in good faith to comply with the Act (such as when
a joint employer agricultural employer/association provides employment-
related benefits which comply with applicable law to agricultural
workers, or takes reasonable measures to ensure farm labor contractor
compliance with legal obligations);
(5) Explanation of person charged with the violation or violations;
(6) Commitment to future compliance, taking into account the public
health, interest or safety, and whether the person has previously
violated the Act;
(7) The extent to which the violator achieved a financial gain due
to the violation, or the potential financial loss or potential injury to
the workers.
[48 FR 36741, Aug. 12, 1983, as amended at 62 FR 11748, Mar. 12, 1997]
