1. (a) In determining which sanction or combination of sanctions to impose, the board shall:

   1. (1) First determine the nature of the act or omission constituting the misconduct done by the licensee or certificate holder;
   2. (2) Next determine whether the misconduct has one or more of the characteristics listed in (b) below; and
   3. (3) Finally, apply the standards in (c) below.

2. (b) The characteristics shall be:

   1. (1) The misconduct actually caused physical or mental harm to an individual;
   2. (2) The misconduct had the potential to cause physical or mental harm to an individual;

   3. (3) The misconduct replicated earlier misconduct done by the licensee or certificate holder, as determined by:

      1. a. An earlier hearing;
      2. b. An earlier settlement agreement predicated on the same misconduct; or
      3. c. An admission by the licensee or certificate holder;

   4. (4) The misconduct was not the first misconduct by the licensee or certificate holder, as determined by:

      1. a. An earlier hearing;
      2. b. An earlier settlement agreement predicated on misconduct by the licensee or certificate holder; or
      3. c. An admission by the licensee or certificate holder; and
   5. (5) The misconduct was intentional rather than the result of negligence or inadvertence.

3. (c) The board shall select appropriate sanction(s):

   1. (1) From the list in Plu 407.02; and

   2. (2) By choosing, in light of the characteristics determined pursuant to (b) above, the sanction most likely to:

      1. a. Protect public health and safety;
      2. b. Prevent future misconduct by the licensee or certificate holder;
      3. c. Take into account any acknowledgement of fault and any cooperation by the licensee or certificate holder with the board's investigation of misconduct;
      4. d. Correct any attitudinal, educational or other deficiencies which led to the misconduct;
      5. e. Encourage the responsible practice of plumbing or water treatment; and
      6. f. Demonstrate to the licensee or to the certificate holder and also to the public the board's intention to insure that the practices of plumbing and water treatment are in accordance with applicable law and the public welfare.

Source. #9607, eff 12-2-09 (formerly Plu 404.04)