(1) The assessment of adjustment of penalties for amounts other than those set by chapter 18.270 RCW will be done only by the director through a hearings process either formally or informally.

(2) The assessment of penalties for not being in conformance with chapter 18.270 RCW, or this chapter may be made only after considering:

(a) The gravity and magnitude of the violation.

(b) The person's previous record.

(c) Such other considerations as the director may consider appropriate.

(d) The uniformity and consistency in the application of violations or penalties statewide.