As used in this chapter: (1) "Aggravating circumstances" means: (a) prior warnings about compliance problems; (b) a prior violation history; (c) a lack of written policies governing employee conduct; (d) multiple violations during the course of an investigation; (e) efforts to conceal a violation; (f) an intentional violation; (g) the violation involved more than one patron or employee; or (h) a violation that results in injury or death. (2) "Final adjudication" means an adjudication for which a final judgment or order is issued that: (a) is not appealed, and the time to appeal the judgment has expired; or (b) is appealed, and is affirmed, in whole or in part, on appeal. (3) "Mitigating circumstances" means: (a) no prior violation history for the licensee or permittee; (b) no prior violation history for the individual who committed the violation; (c) motive for the individual who engaged in or allowed the violation to retaliate against the licensee or permittee; or (d) extraordinary cooperation with the investigation of the violation that demonstrates that the licensee or permittee and the individual who committed the violation accept responsibility for the violation.
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