1. (a) In no event shall the administrative fine be less than $100 or exceed $5,000 for each violation.

2. (b) In assessing an administrative fine, or in issuing an order of abatement, the following factors shall be given due consideration:

   1. (1) The gravity of the violation.
   2. (2) The good or bad faith of the cited person or entity.
   3. (3) The history of previous violations.
   4. (4) Evidence that the violation was or was not willful.
   5. (5) The extent to which the cited person or entity has cooperated with the bureau's investigation.
   6. (6) The extent to which the cited person or entity has mitigated or attempted to mitigate any damage or injury caused by the violation.
   7. (7) Such other matters as may be appropriate.

Note: Authority cited: Sections 125.9, 7606 and 7740, Business and Professions Code. Reference: Section 125.9, Business and Professions Code.

History

1. New section filed 11-13-92; operative 12-14-92 (Register 92, No. 46). For prior history, see Register 86, No. 27.

2. New subsections (a)(9)-(10), (b)(6), and (b)(17)-(18), subsection renumbering and amendment of Note filed 7-10-95, operative 8-9-95 (Register 95, No. 28).

3. New subsections (b)(3), (b)(14)-(15) and (b)(19)-(20), subsection renumbering, and repealer of subsections (c)(13)-(14) and (c)(16) and subsection renumbering filed 10-31-97; operative 11-30-97 (Register 97, No. 44).

4. Change without regulatory effect amending subsection (d)(5) filed 9-22-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 38).

5. Amendment of section heading, repealer and new subsection (a), repealer of subsections (a)(1)-(c)(17), subsection relettering, amendment of newly designated subsection (b)(7) and amendment of Note filed 6-11-2014; operative 10-1-2014 (Register 2014, No. 24).