1. (a) The citation shall include an order of abatement and may include a fine not to exceed the amount specified in Section 125.9 of the Code.

2. (b) In determining whether to issue a citation and the amount of a fine if issued, the Bureau shall consider the following factors, as applicable:

   1. (1) The nature and gravity of the violation.
   2. (2) The registrant's history of violations and/or the number of violations found in the investigation.
   3. (3) The good or bad faith of the registrant, including any training regarding the subject matter of the violation prior to the issuance of a citation.
   4. (4) The failure to perform work for which money was received.
   5. (5) The extent to which the registrant has made restitution to affected consumers or mitigated or attempted to mitigate any damage or injury caused by the violation.
   6. (6) Whether the violation was willful or an inadvertent error.
   7. (7) The degree of negligence in the maintenance, care, custody, and/or repair of any affected motor vehicle.
   8. (8) The extent to which the registrant owners, directors, officers, partners, members, trustees, or responsible managing employee(s) performed any of the act(s) resulting in the violation(s).
   9. (9) The extent to which the registrant has cooperated with the Bureau's investigation.

Note: Authority cited: Sections 12.5, 125.9, 9882 and 9884.19, Business and Professions Code. Reference: Sections 125.9, 9882 and 9884.7, Business and Professions Code.

History

1. New section filed 5-31-2023; operative 7-1-2023 (Register 2023, No. 22).