1. (a) When persons subject to the board’s disciplinary authority are directed to pay fines in accordance with this section, such fines shall be assessed in accordance with the factors stated in Ac 402.02(d) and the following additional considerations:

   1. (1) The cost of any investigation or hearing conducted by the board or the OPLC; and
   2. (2) The licensee’s ability to pay a fine assessed by the board through the OPLC.

2. (b) Administrative fines shall not exceed the following amounts:

   1. (1) When no violation of the same type has occurred within the 5 years preceding the board’s notice to the respondent, the fine assessed shall not exceed $250.00 per day or $1,000.00 per offense whichever is greater;
   2. (2) When a single disciplinary infraction of the same type has occurred within the 5 years preceding the board’s notice to the respondent, the fine assessed shall not exceed $250.00 per day or $1,500.00 per offense whichever is greater;
   3. (3) When more than one disciplinary infraction of the same type has occurred within the 5 years preceding the board’s notice to the respondent, the fine assessed shall not exceed $250.00 per day or $2,000.00 per offense whichever is greater; and
   4. (4) In the case of continuing violations, a separate fine shall be assessed for each day the violation continues, but the total amount of the fine and the respondent’s promptness and cooperativeness in ceasing the prohibited conduct in question shall be considered in assessing the daily fines. A single course of continuing conduct shall be treated as a single violation for purposes and (1)-(3) above.

Source. #10746, eff 1-1-15; ss by #14322, eff 9-15-25, EXPIRES: 9-15-35