Cal. Code Regs. tit. 16 § 95.3

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 95.3 - Citation Factors

In assessing an administrative fine or issuing an order of correction or abatement, the executive officer of the board shall give due consideration to the following factors:

(a) The gravity of the violation.

(b) The good or bad faith of the cited person or entity.

(c) The history of previous violations.

(d) Evidence that the violation was or was not willful.

(e) The extent to which the cited person or entity has cooperated with the board's investigation.

(f) The extent to which the cited person or entity has mitigated or attempted to mitigate any damage or injury caused by the violation.

Cal. Code Regs. Tit. 16, § 95.3

1. New section filed 1-5-90; operative 2-4-90 (Register 90, No. 3).
2. Amendment of first paragraph and NOTE filed 12-17-96; operative 1-1-97 pursuant to Government Code section 11343.4(d) (Register 96, No. 51).
3. Change without regulatory effect amending NOTE filed 11-15-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 46).

Note: Authority cited: Sections 125.9, 148 and 5010, Business and Professions Code. Reference: Sections 125.9, 148 and 5100(g), Business and Professions Code.

1. New section filed 1-5-90; operative 2-4-90 (Register 90, No. 3).
2. Amendment of first paragraph and Note filed 12-17-96; operative 1-1-97 pursuant to Government Code section 11343.4(d) (Register 96, No. 51).
3. Change without regulatory effect amending Note filed 11-15-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 46).