SDCL § 49-7A-26: Factors considered in determining amount of penalty.

The amount of recommended penalty shall be determined by a majority vote of the panel. Factors to be considered in determining the amount of the penalty shall be:

(1) The amount of damage, degree of threat to the public safety, and inconvenience caused;

(2) The respondent's plans and procedures to insure future compliance with statute and rules;

(3) Any history of previous violations;

(4) Other matters as justice requires.