It would be the agency, not the arbitrator, because this will be after the agreement is in place and there is actually a breach to assess. The agency will have the discretion to apply the right penalty for each case and to apply a penalty that they believe is commensurate with the breach. I won't speak, because that really is within the agency's purview to determine how they will administer the administrative monetary penalty scheme. As a general rule, we understand that these administrative monetary penalty schemes tend to be enforced in a way that there is a certain graduation. If there's a first offence, you may be at the lower end.
On February 12th, 2013. See this statement in context.