1. (a) A class “A” violation is a violation which the executive officer has determined involves a person who has violated a statute/regulation, and either:

   1. (1) the violation presents a substantial probability that death or serious physical harm to a patient could result therefrom; or
   2. (2) the person has been issued three class B violations within a 24-month time period immediately preceding the act, serving as the basis for the citation, without regard to whether the actions to enforce the previous citations have become final. A class “A” violation is subject to an administrative fine in an amount not less than $1,000 and not exceeding $5,000 for each violation.
2. (b) A class “B” violation is a violation which the executive officer has determined involves a person who has violated a statute/regulation relating to the practice of dentistry which does not present a substantial probability that either death or serious physical harm to a patient will result therefrom. A class “B” violation is subject to an administrative fine in an amount not less than $50 and not exceeding $5,000 for each violation.

Where citations issued pursuant to Section 125.9 of the code include an assessment of an administrative fine, they shall be classified according to the nature of the violation and shall indicate the classification on the face thereof as follows:

Note: Authority cited: Sections 125.9 and 1614, Business and Professions Code. Reference: Section 125.9, Business and Professions Code.

History

1. New section filed 4-23-93; operative 5-24-93 (Register 93, No. 17).

2. Amendment of subsections (a)(2) and (b) filed 2-10-2021; operative 2-10-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 7). Filing deadline specified in Government Code section 11349.3(a) extended a total of 120 calendar days pursuant to Executive Order N-71-20.