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, 6716 and 8710, Business and Professions Code. Reference: Sections 125.9, 6775, 6786, 8780 and 8791, Business and Professions Code.

History

1. New section filed 8-16-95; operative 9-15-95 (Register 95, No. 33).

2. Change without regulatory effect amending section and Note filed 4-19-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 17).

3. Amendment of section and Note filed 12-23-99; operative 1-1-2000 pursuant to Government Code section 11343.4(d) (Register 99, No. 52).

4. Change without regulatory effect amending subsection (a) and Note filed 7-9-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 28).

5. Amendment of subsection (b)(5) filed 3-14-2017; operative 7-1-2017 (Register 2017, No. 11).