The Executive Committee shall determine and assess penalties according to Miss. Code Ann. § 77-13-27. In determining the penalty for a violation, the Executive Committee shall consider the following:
(1) The Respondent's demonstrated history of one-call, design, and excavation practices, including the following: (a) The number of locate requests received and responded to. (b) The number of locates completed. (c) The number of one calls placed. (d) The number of excavations completed. (e) The number of design or development projects. (2) The nature, circumstances, and gravity of the violation, including the amount of damage involved in relation to the violation, and whether it resulted in death, serious injury, dismemberment, or a significant threat to public safety. (3) The organizational size of the Respondent. (4) The history or number of violations by the respondent based on information maintained by the Board. (5) The good faith effort on the Respondent's part in attempting to achieve compliance after the violation was identified. (6) The cooperativeness of the Respondent. (7) And other factors which would tend to aggravate or mitigate fault. 39 Miss. Code. R. 101-II-7.1
Miss. Code Ann. §§ 77-13-27 and 29.