2-2650. Violations; severity of penalty; considerations.
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/ne/chapter-2/2-2650A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Whenever a violation of the Pesticide Act has occurred, the following shall be considered when determining the severity or amount of any administrative or civil fine, the issuance of a cease and desist order, or the disposition of any license:
(1)The culpability and good faith of and any past violations by such person;
(2)The seriousness of the violation, including the amount of any actual or potential risk to human health or environment; and
(3)The extent to which the person derived financial gain as a result of permitting or committing the violation, including a determination of the size of the company itself and the impact on it.