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Fairness and Consistency
l The regulated community should be able to expect a similar response to a comparable violation l This is a factor to be used by the TGRA in determining how it should proceed in a particular circumstance l It is important, however, to be receptive to good faith arguments that a particular matter be treated differently
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Proportionality
l The enforcement mechanism should be proportionate to the nature and seriousness of the alleged violation, responsive to the facility’s compliance history, and protective of the Tribe’s assets and interests. l The same is true in relation to the sanction imposed.
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