As used in this chapter:
(1) "Aggravating circumstances" means:
(a) prior warnings about compliance problems;
(b) a prior violation history;
(c) a lack of written policies governing employee conduct;
(d) multiple violations during the course of an investigation;
(e) efforts to conceal a violation;
(f) an intentional violation;
(g) the violation involved more than one patron or employee; or
(h) a violation that results in injury or death.
(2) "Final adjudication" means an adjudication for which a final judgment or order is issued that:
(a) is not appealed, and the time to appeal the judgment has expired; or
(b) is appealed, and is affirmed, in whole or in part, on appeal.
(3) "Mitigating circumstances" means:
(a) no prior violation history for the licensee or permittee;
(b) no prior violation history for the individual who committed the violation;
(c) motive for the individual who engaged in or allowed the violation to retaliate against the licensee or permittee; or
(d) extraordinary cooperation with the investigation of the violation that demonstrates that the licensee or permittee and the individual who committed the violation accept responsibility for the violation.