The Council is entitled to impose penalties within the minimum and maximum range, as set forth herein, taking into consideration any aggravating or mitigating circumstances proven by clear and convincing evidence presented to Council prior to the imposition of a final penalty.

(1) Aggravating circumstances : circumstances which may justify the maximum penalty shall include but not be limited to the following:

          (a) History of previous violations of this Chapter.

          (b) In the case of negligence; of the magnitude and scope of the project and the damage inflicted upon the general public by the Licensee.

          (c) Evidence of the violation of professional practice acts in other jurisdictions wherein the Licensee has been disciplined by the appropriate regulatory authority.

          (d) Violation of the provisions if this Chapter wherein prior action by Council was previously taken against the Licensee.

(2) Mitigating circumstances : circumstances which may justify the minimum penalty shall include but not be limited to the following:

          (a) In the case of negligence, the minor nature of the project in question and lack of danger to the public health, safety and welfare resulting from the Licensee's violation.

          (b) Lack of previous disciplinary history in this or any other jurisdiction where in the Licensee practices.

          (c) Restitution of any damages suffered by the Licensee's client.

          (d) The Licensee's professional standing among his peers.

          (e) Steps taken by the Licensee or his firm to ensure the non-reoccurrence of similar violation in the future.