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WAC 434-180-270: Criteria for determining penalty amounts

Published: 2015

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WACs > Title 434 > Chapter 434-180 > Section 434-180-270



No agency filings affecting this section since 2003

WAC 434-180-270

Criteria for determining penalty amounts.

In determining the appropriate penalty amount against a licensed certification authority for violation of chapter 19.34 RCW or this chapter, the secretary may consider the nature of the violation and the extent or magnitude of the severity of the violation, including:
(1) The damages arising from the violation including:
(a) The financial impact of the violation to any subscriber, relying party, or any other person;
(b) The amount of money obtained, or profit derived, by the certification authority as a result of the violation;
(c) The costs incurred by the state in enforcement, including reasonable investigative costs;
(d) The nonfinancial consequences of the violation, including harm to any subscriber, relying party, or other person;
(2) The nature of the violation, including whether it was continuing in nature, involved criminal conduct, or tended to significantly impair the reliability of any certificate or key pair;
(3) The presence of any aggravating circumstances, including whether the violator:
(a) Intentionally committed the violation with knowledge that the conduct constituted a violation;
(b) Attempted to conceal the violation;
(c) Was untruthful or uncooperative in dealing with the secretary or the secretary's staff;
(d) Had committed prior violations found by the secretary;
(e) Incurred no other sanction as a result of the violation;
(4) The presence of any mitigating circumstances, including whether the violator:
(a) Had taken any prior action to correct the violation or mitigate its consequences;
(b) Had previously paid any damages to any party resulting from the violation;
(c) Acted without intention to commit a violation; or
(d) Acted reasonably in light of any other mitigating factors deemed relevant by the secretary.
[Statutory Authority: RCW 19.34.030, 19.34.040, 19.34.100, 19.34.111 and 19.34.400. WSR 97-24-053, § 434-180-270, filed 11/26/97, effective 12/27/97.]