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(1) Definitions. For purposes of this Section the following definitions apply.
(a) Mitigating Factors. The following are mitigating factors:
(.1) Good faith effort to comply. The violator is found to have made a good faith effort to comply with the law.
(.2) Prompt corrective action. The violator is found to have taken prompt corrective action where corrective action was possible to remedy the violation.
(.3) Prompt self-reporting. The violator is found to have reported promptly his or her violation to the Board of Ethics.
(.4) Such other circumstances as may be identified by the Board of Ethics, by regulation, to warrant a reduced penalty.
(b) Aggravating Factors. The following are aggravating factors:
(.1) Intent. The violator is found to have acted knowingly. An act is done knowingly if done voluntarily and intentionally, and not because of mistake or accident or other innocent reason.
(.2) Repeat violation. The violator previously has been found by the Board of Ethics in an administrative adjudication or by a court of competent jurisdiction to have violated the same provision.
(.3) Obstruction of investigation. The violator is found to have obstructed the investigation of the Board of Ethics into the same violation.
(.4) Such other circumstances as may be identified by the Board of Ethics, by regulation, to warrant an enhanced penalty.
(2) Consideration and Effect of Mitigating Factors and Aggravating Factors.
(a) When considering the imposition of a penalty under this Section, the Board of Ethics in an administrative adjudication or court of competent jurisdiction shall make factual findings regarding mitigating factors and aggravating factors.
(b) The one thousand dollar ($1,000) fine or civil penalty set forth in Section 20-1302 shall be reduced by five hundred dollars ($500) if one mitigating factor is present and shall decrease by seven hundred fifty dollars ($750) if more than one mitigating factor is present.
(c) The one thousand dollar ($1,000) fine or civil penalty set forth in Section 20-1302 shall be increased by one thousand dollars ($1,000) for each aggravating factor that is present, provided that the total fine or civil penalty that may be imposed for one violation shall not exceed two thousand dollars ($2,000).