1. (a) In addition to meeting the requirements of Section 2940, citations issued in accordance with Sections 19279, 19279.1, 19279.2, 19279.3, and 19280 of the Code shall contain a fine that shall be assessed in accordance with the following ranges of penalties:

   Code Section

   Description of Violation

   Minimum Penalty

   Maximum Penalty

   19279

   Violation of any rule, regulation, or requirement or aiding and abetting a violation of any rule, regulation, or requirement by a household mover

   $250

   $500 for each offense ^*

   19279.1

   Operating as a household mover as specified in the Act without a valid permit

   $250

   $5,000 for each offense ^*

   19279.2

   Corporation or person (other than household mover) who knowingly and willfully violates the Act, or fails to comply with any order, decision, rule, regulation, direction, demand, or requirement administered by the Bureau, or who procures, aids, or abets any household mover in its violation of the Act or in its failure to obey, observe, or comply with any such order, decision, rule, regulation, direction, demand, or requirement by the Bureau

   $250

   $500 for each offense ^*

   19279.3

   Knowingly and willfully advertising as a household mover without having a valid permit

   $250

   $5,000 for each offense as provided in Section 19279.1 of the Code ^*

   19280

   Household mover falsifying permit status, membership in an association, or location

   $250

   $2,500 for each offense ^*

   * Every violation is a separate and distinct offense, and in each case of a continuing violation, each day's continuance thereof is a separate and distinct offense pursuant to Section 19281 of the Code.

2. (b) In determining whether or not to issue a citation and the amount of the administrative fine, if issued, the Bureau shall take into consideration the following criteria, as applicable:

   1. (1) The good or bad faith exhibited by the cited party.
   2. (2) The nature and severity of the violation.
   3. (3) Evidence that the violation was willful.
   4. (4) History of previous violations.
   5. (5) The extent to which the cited party has cooperated with the Bureau's investigation.
   6. (6) The extent to which the cited party has mitigated or attempted to mitigate any loss caused by their violation.
   7. (7) The extent of consumer injury, which is a direct and proximate result of the violation.
3. (c) Where a citation lists more than one occurrence of the same violation, the amount of the assessed fine shall be cumulative and stated separately for each violation.
4. (d) Fines not paid to the Bureau within 30 days of the date of a fine assessment issued pursuant to a citation shall be grounds to suspend, revoke, place on probation, or deny renewal of a permit.
5. (e) Fines assessed for citations issued in accordance with Section 19279.1 of the Code shall be paid to the Bureau before a permit may be issued under Section 19237 of the Code. Failure to pay the fine within 30 days of the date of a fine assessment issued pursuant to a citation shall be grounds for denial of a permit pursuant to Section 19239 of the Code.

Note: Authority cited: Sections 125.9, 148, 19228, 19279, 19279.1, 19279.2 and 19280, Business and Professions Code. Reference: Sections 125.9, 148, 19239, 19277, 19277.1, 19278, 19279, 19279.1, 19279.2, 19280, 19281, 19282, 19283 and 19283.1, Business and Professions Code.

History

1. New section filed 1-30-2025; operative 4-1-2025 (Register 2025, No. 15).