1. (a) Where citations pursuant to section 94936 of the Code and section 75020, subsection (a), include an assessment of an administrative fine, the fine shall be not less than $50 or exceed $5,000 for each violation. Each violation shall be classified according to the nature of the violation and shall indicate the classification on the face thereof as follows:

   1. (1) A “Class A” violation shall not be less than $2,501 nor more than $5,000. A Class A violation is one that the Bureau has, in its discretion, determined to be more serious in nature, deserving the maximum fine. A Class A violation may, in the Bureau's discretion, be issued to an institution that has committed one or more prior, separate Class B violations.
   2. (2) A “Class B” violation shall not be less than $1,001 nor more than $2,500. A Class B violation is one that the Bureau has, in its discretion, determined to be less serious in nature and may include, but is not limited to, a violation that could have resulted in student harm. Typically some degree of mitigation will exist. A Class B violation may be issued to an institution that has committed one or more prior, separate Class C violations.
   3. (3) A “Class C” violation shall not be less than $501 nor more than $1,000. A Class C violation is one that the Bureau has, in its discretion, determined to be a minor or technical violation, which may be directly or potentially detrimental to students or potentially impacts their education.

   4. (4) A “Class D” violation shall not be less than $50 nor more than $500. A Class D violation is one that the Bureau has, in its discretion, determined to be a minor or technical violation, which is neither directly or potentially detrimental to students nor potentially impacts their education.

      (b)(1) Where citations pursuant to section 94944 of the Code and section 75020, subsection (b), include an assessment of an administrative fine, the fine shall not exceed $100,000.

   5. (2) In determining the administrative fine amount, the Bureau shall consider the following:

      1. (A) Actual or potential harm to any consumer, student, or the general public.
      2. (B) Prior knowledge of Bureau approval requirements, as demonstrated through the issuance of prior citations for unapproved activity, the granting of approvals to operate to the institution or any of its owners or managers or issuance of written notification from the Bureau about its regulatory authority.
      3. (C) Recognition by the institution of its wrongdoing and demonstration of corrective action to prevent recurrence.
      4. (D) Any explanation of the facts and circumstances surrounding the unapproved activity and any remediation efforts the institution took to correct the violation.
      5. (E) Whether or not the institution cooperated with the Bureau's investigation, other law enforcement, regulatory agencies, or the injured parties, or any combination of these entities.
      6. (F) The purposes and goals of this chapter and other matters as may be appropriate.
   6. (3) The administrative fine is separate and not inclusive of fines for other violations or refunds, including any amounts an institution is ordered to refund students who enrolled in the institution during a period in which the institution did not hold approval to operate.

Note: Authority cited: Sections 94877, 94936 and 94944, Education Code. Reference: Sections 94936 and 94944, Education Code.

History

1. New section filed 9-19-2011; operative 10-19-2011 (Register 2011, No. 38).

2. Amendment of section and Note filed 3-23-2026; operative 7-1-2026 (Register 2026, No. 13).