In assessing an administrative fine, which of the following factors need NOT be given due consideration by the Cemetery and Funeral Bureau?

• A. The gravity of the violation
• B. The good or bad faith of the cited person or entity
• C. The history of previous violations
• D. The length of time the person or entity has been licensed by the Bureau

Answer: (D)

The key idea is that penalties are based on factors tied to the conduct and its impact, not on how long someone has been licensed. When the Cemetery and Funeral Bureau assesses an administrative fine, it considers the seriousness of the violation, whether it was committed in good or bad faith, and the violator’s history of previous violations because these reflect culpability, potential harm to the public, and the likelihood of recurrence. The length of time the person or entity has been licensed does not indicate how they behaved in this incident or the risk they pose in the future, so licensure duration is not a factor in determining the fine.