1. (a) In no event shall the administrative fine be less than $50 or exceed $5,000 for each violation.

2. (b) In determining the amount of an administrative fine, the Executive Officer shall consider the following factors:

   1. (1) The nature and severity of the violation;
   2. (2) The good or bad faith exhibited by the cited person;
   3. (3) The history of previous violations;
   4. (4) The extent to which the cited person has cooperated with the Board and the Board's investigation;
   5. (5) The extent to which the cited person has mitigated or attempted to mitigate any damage or injury caused by his or her violation;
   6. (6) Any factors in extenuation or aggravation related to the violation;
   7. (7) Other matters as may be appropriate.

Note: Authority cited: Sections 125.9 and 7818, Business and Professions Code. Reference: Sections 125.9, 7860 and 7871, Business and Professions Code.

History

1. New section filed 11-22-95; operative 12-22-95 (Register 95, No. 47).

2. Change without regulatory effect amending subsection (a) filed 6-30-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 27).

3. New subsection (c) filed 7-5-2006; operative 8-4-2006 (Register 2006, No. 27).

4. Amendment of section and Note filed 3-14-2017; operative 7-1-2017 (Register 2017, No. 11).