Cal. Code Regs. tit. 16 § 1775.2

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 1775.2 - Factors Considered

In assessing the amount of an administrative fine, except violations of the Confidentiality of Medical Information Act and when assessing a fine pursuant to Business and Professions Code section 685, the following factors shall be considered:

(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.

(g) Other matters as may be appropriate.

(h) The number of violations found in the investigation.

Cal. Code Regs. Tit. 16, § 1775.2

1. New section filed 5-31-95; operative 6-30-95 (Register 95, No. 22).
2. Amendment of first three paragraphs, new subsection (h) and amendment of NOTE filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
3. Amendment of section heading, section and NOTE filed 9-11-2003; operative 10-11-2003 (Register 2003, No. 37).

Note: Authority cited: Sections 125.9, 148, 685 and 4005, Business and Professions Code; and Section 56.36, Civil Code. Reference: Sections 125.9, 148 and 685, Business and Professions Code; and Section 56.36, Civil Code.

1. New section filed 5-31-95; operative 6-30-95 (Register 95, No. 22).
2. Amendment of first three paragraphs, new subsection (h) and amendment of Note filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
3. Amendment of section heading, section and Note filed 9-11-2003; operative 10-11-2003 (Register 2003, No. 37).