4.12.405 DEGREE OF CARE
(1) The department will consider degree of care exercised by the charged person for purposes of decreasing or increasing civil penalty amounts:
(a) violations that occur through little or no negligence may decrease the penalty;
(b) violations that occur through negligence may have a neutral effect in either decreasing or increasing the penalty; and
(c) violations that occur as a result of gross negligence may increase the penalty.
(2) In determining the applicability of the above, the following definitions will apply:
(a) "no negligence" means an inadvertent violation which was unavoidable by the exercise of reasonable care;
(b) "negligence" means a failure to exercise reasonable care;
(c) "reasonable care" means a degree of care demonstrated with a knowledge of the nature and probable consequences of the violation that a prudent person would ordinarily exercise in acting in their own concern; and
(d) "gross negligence" means knowing, intentional or reckless conduct.