1. (a) The amount of any administrative fine to be levied by the executive officer shall be no less than $100 nor more than $2500.

   1. (1) Gravity of the violation.
   2. (2) The good or bad faith exhibited by the cited person.
   3. (3) Evidence that the violation was willful.
   4. (4) The extent to which the cited person cooperated with the Board's investigation.
   5. (5) The extent to which the cited person has mitigated or attempted to mitigate any damage caused by the violation.
   6. (6) Such other factors as justice may require.

   In assessing the amount of the fine, the executive officer will consider the following factors in determining the amount of the fine:

2. (b) Notwithstanding the administrative fine amounts specified in subsection (a), a citation may include a fine between $2,501 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 a willful disregard of the law.
   4. (4) The citation involves a violation or violations perpetrated against a senior citizen or person with disabilities.

Note: Authority cited: Sections 125.9, 148 and 4933, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.

History

1. New section filed 6-14-95; operative 7-14-95 (Register 95, No. 24).

2. Change without regulatory effect amending subsection (e) filed 2-17-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 8).

3. Amendment filed 4-17-2006; operative 5-17-2006 (Register 2006, No. 16).

4. Change without regulatory effect amending subsection (a)(5) filed 4-22-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 16).