|(a) Pursuant to its authority under §132.152 of
the Act, the Agency may impose administrative penalties or other sanctions
on an entity for violations of §132.151 of the Act or this chapter.
(b) The Agency shall serve notice of a sanction, with
determination of the violation on which it is based, by both U.S.
mail and certified mail, return receipt requested, mailed to the owner's
address of record as listed on the application for certificate of
approval. Unless there is other evidence of receipt, notice is presumed
received five days from the date it is mailed by the Agency.
(c) In imposing administrative penalties or other sanctions,
the Agency shall consider all the factors that it deems relevant,
including, but not limited to, the following:
(1) The amount of administrative penalty or level of
sanction necessary to ensure immediate and continued compliance with
statutes and regulations;
(2) The conduct of the entity in taking all reasonable
steps or procedures necessary and appropriate to comply with statutes
and regulations and to correct the violation; and
(3) The entity's prior violations of statutes, regulations,
or orders administered, adopted, or issued by the Commission.
(d) Notwithstanding subsections (a) - (c) of this section,
the Agency shall order refunds pursuant to applicable statute and