In determining whether to impose a penalty and the amount of the penalty, the Board shall consider the following factors:

1. A. The cost of investigating and prosecuting the case against the individual;
2. B. The extent of actual or potential public harm caused by the violation;
3. C. The extent to which the individual derived a financial benefit from the violation;
4. D. The history of a previous violation or violations;
5. E. The willfulness of the improper conduct; and
6. F. Mitigating factors as presented by the licensee.

Authority: Health Occupations Article, §§11-205, 11-313 — 11-315, and 11-505, Annotated Code of Maryland

Effective date: April 20, 1998 (25:8 Md. R. 597)

Regulation .01 amended effective August 17, 2015 (42:16 Md. R. 1055)

Regulation .02B amended effective August 17, 2015 (42:16 Md. R. 1055)

Regulation .05A, C amended effective August 17, 2015 (42:16 Md. R. 1055)

Regulation .06 adopted effective August 17, 2015 (42:16 Md. R. 1055)