On October 22, 2002, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $43,200 was issued for a Severity Level II problem involving willfully using byproduct material without an Authorized User, failing to appoint a Radiation Safety Officer, and creating incomplete and inaccurate records. Although the normal civil penalty assessment process would have resulted in a base civil penalty, the NRC exercised discretion in accordance with Section VIIA.3 of the Enforcement Policy and assessed a base civil penalty for each day the violation continued after the licensee's consultant raised the issue. Discretion was warranted base on the egregiousness of the violations, the level of management involved, the economic benefit of being in noncompliance, and the failure to take corrective action after the consultant's findings.