1. (a) The Executive Officer shall consider the factors listed in subdivision (b)(3) of section 125.9 of the Code in determining the amount of the fine to be assessed or the terms of the order of abatement in any citation.
2. (b) The Executive Officer may, in his or her discretion, assess a fine not to exceed $5,000 for each investigation, and issue an order of abatement for any violation of the Code or regulations governing the practices of speech-language pathology and audiology;

3. (c) Notwithstanding the administrative fine amount specified in subsection (b), a citation may include a fine between $2501 and $5,000 if one or more of the following circumstances apply:

   1. (1) The citation involves a violation that has an immediate relationship to the health and safety of another person.
   2. (2) The cited person has a history of two or more prior citations of the same or similar violations.
   3. (3) The citation involves multiple violations that demonstrate willful disregard of the law.
   4. (4) The citation involves a violation or violations perpetrated against a minor, a senior citizen, or disabled person.

Note: Authority cited: Sections 125.5, 148 and 2531.95, Business and Professions Code. Reference: Sections 125.9, 148 and 149, Business and Professions Code.

History

1. Change without regulatory effect renumbering former section 1399.196 to section 1399.159.1 filed 12-6-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 50).

2. Amendment of subsection (b) and new subsections (c)-(c)(4) filed 3-29-2006; operative 4-28-2006 (Register 2006, No. 13).

3. Change without regulatory effect amending subsections (a) and (b) filed 10-28-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 44).