South Dakota Code § 49-7A-26

Factors considered in determining amount of penalty
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The amount of recommended penalty shall be determined by a majority vote of the panel. Factors to be considered in determining the amount of the penalty shall be:
(1) The amount of damage, degree of threat to the public safety, and inconvenience caused;
(2) The respondent's plans and procedures to insure future compliance with statute and rules;
(3) Any history of previous violations;
(4) Other matters as justice requires.

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