R477-11-3. Discretionary Factors

  (1) When deciding the specific type and severity of agency action, the agency head or representative may consider the following factors:

  (a) consistent application of rules and standards;

  (i) the agency head or representative need only consider those cases decided under the administration of the current agency head. Decisions in cases prior to the administration of the current agency head are not binding upon the current agency head and are not relevant in determining consistent application of rules and standards.

  (ii) In determining consistent application of rules and standards, the disciplinary actions imposed by one agency may not be binding upon any other agency and may not be used for comparison purposes in hearings wherein the consistent application of rules and standards is at issue.

  (b) prior knowledge of rules and standards;

  (c) the severity of the infraction;

  (d) the repeated nature of violations;

  (e) prior disciplinary/corrective actions;

  (f) previous oral warnings, written warnings and discussions;

  (g) the employee's past work record;

  (h) the potential of the violations for causing damage to persons or property;

  (i) the strength of the evidence of conduct;

  (j) dishonesty or failing to disclose relevant information;

  (k) the effect on agency operations, including:

  (i) how the wrongdoing relates to the employee's job duties;

  (ii) the potential of the conduct to adversely affect public confidence in the agency;

  (iii) the potential of the conduct to adversely affect morale and effectiveness of the agency;

  (l) willful or intentional conduct; or

  (m) likelihood of recurrence.