Ask X3What does 49 CFR 386.81 (General) require?
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According to 49 CFR 386.81, the actual civil penalties assessed in each proceeding are based on established statutory limits or minimums, along with consideration of information available at the time the claim is made regarding:
* The nature and gravity of the violation.
* The violator's degree of culpability and history of prior offenses.
* The effect the penalty will have on the violator's ability to continue to do business.
* Other matters that justice and public safety may require.
For civil penalties assessed concerning household goods under 49 U.S.C. 14901(a) and (d), consideration is also given to the degree of harm caused to a shipper and whether that shipper was adequately compensated before the civil penalty proceeding began. Additionally, when assessing penalties for violations of notices and orders or when settling claims based on those assessments, consideration is given to good faith efforts made to achieve compliance with the terms of those notices and orders.