6305 VIOLATION HISTORY COMPUTATION

6305.1 This section applies to all instances that require a computation of a person's or licensee's violation history.

6305.2 The review period for computing the number of a licensee's prior primary and secondary tier violations commences on the date of violation in the instant case and runs backward for the number of years specified in this section.

6305.3 The computation of violation history shall only include prior adjudicated cases whose dates of adjudication fall within the applicable review period for the instant case.

6305.4 The date of adjudication for computation purposes shall be the date:

1. (a) The citation was paid;
2. (b) A final written order finding liability has been issued by the Board;
3. (c) A staff settlement was paid; or
4. (d) The date an offer-in compromise was accepted by the Board.

6305.5 The computation shall not include:

1. (a) Any violation that has not been adjudicated as of the date of the violation in the instant case; or
2. (b) Any adjudicated case whose date of adjudication falls outside of the review period.

6305.6 A licensee shall be found liable for a second, third, or additional level primary or secondary tier violation, whichever is applicable, if one (1) of the prior violations of the same tier was adjudicated within look back period from the date of violation in the instant case.

6305.7 Each date upon which a violation is committed shall constitute a separate violation.

6305.8 When a violation requires multiple instances, a continuous course of conduct, or other ongoing acts to sustain a charge, the date of the violation shall be the last date on which any act related to the violation occurred.

6305.9 If multiple secondary tier violations are committed on the same date, they will be

counted as one (1) violation for purposes of computing a licensee's violation history.

6305.10 If the Board suspends a respondent's license but stays the suspension:

(a) The stay shall commence on the date of adjudication and conclude on the one (1)-year anniversary of that date; and

(b) The stay shall be revoked and the suspension imposed upon adjudication of any subsequent violation within the stay period.

6305.11 Written warnings, either issued by the Board or by citation, are not counted as violations for computation purposes.

SOURCE: Final Rulemaking published at 73 DCR 002136 (February 20, 2026).