ARTICLE 131.- The penalties imposed due to infringements to this Law and the provisions derived hereunder shall be imposed indistinctly based upon:
I. The minutes drafted by the authority;
II. The data verified and furnished in the denunciations submitted by consumers;
III. The advertising or information of suppliers and the verification of infringements; or
IV. Any other element or circumstance that may furnish evidentiary elements in order to apply a penalty.
The resolutions of the Agency shall be duly grounded and legally reasoned pursuant to the law, taking into consideration the criteria set forth in this ordinance.
ARTICLE 132.- The Agency shall determine the penalties according to the provisions of this Law and the regulations hereto taking as basis the seriousness of the infringement, and taking into account the following elements:
I. The damage caused to the consumer or to society in general;
II. The intentional nature of the infringement;
III. Whether it is a case of recidivism, and
IV. The economic situation of the infringer.
Likewise, the Agency shall take into consideration the general facts of the infringement, in order to gather the elements that may allow it to express in detail the reasons it may have to establish the amount of the fine to a specific amount.
ARTICLE 133.- In no case may the same fact that constitutes an infringement be penalized twice or more times, nor by two or more administrative authorities, except in cases of recidivism.
When several infringements are committed with one same fact or omission and to which this Law imposes a penalty, the total amount for such penalties shall not exceed $5’366,717.39.
ARTICLE 134.- The authority that may have imposed any of the penalties set forth in this Law may condone, reduce or commute it, and to this end, such authority shall appraise the circumstances of the case, the causes that gave rise to such imposition, as well as the extent in which the claim of the consumer has been satisfied, but the request from the interested party shall not constitute a remedy.
The authority shall not exercise the capacity indicated in this provision with respect to penalties imposed by reason of the procedures to verify and surveil the observance of this Law and other applicable provisions.
ARTICLE 135.- A motion for review may be filed against the resolutions of the Agency rendered based upon the provisions of this Law and other ones derived hereof, under the terms of the Federal Administrative Procedure Law.
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