In reaching a decision on a disciplinary action under the Administrative Procedure Act (Government Code Section 11400 et seq.), the board shall consider the disciplinary guidelines entitled "A Manual of Disciplinary Guidelines and Model Disciplinary Orders" [Rev. 2016] which are hereby incorporated by reference. Deviation from these guidelines and orders, including the standard terms of probation, is appropriate where the board and/or administrative law judges in its/his or her discretion determines that the facts of the particular case warrant such a deviation -- for example: the presence of mitigating factors; the age of the case; evidentiary problems.
Cal. Code Regs. Tit. 16, § 1937.11
2. Amendment of "A Manual of Disciplinary Guidelines and Model Disciplinary Orders" (incorporated by reference) and amendment of section filed 8-8-2013; operative 10-1-2013 (Register 2013, No. 32).
3. Amendment of "A Manual of Disciplinary Guidelines and Model Disciplinary Orders" (incorporated by reference) and amendment of section and NOTE filed 1-3-2018; operative 4-1-2018 (Register 2018, No. 1).
Note: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 11425.50(e) and 11519, Government Code; and Sections 125.3, 8620, 8635, 8636, 8637, 8638, 8639, 8640, 8641, 8642, 8643, 8644, 8645, 8646, 8646.5, 8647, 8648, 8649, 8650, 8651, 8652, 8653, 8654, 8655, 8657 and 8666, Business and Professions Code.
2. Amendment of "A Manual of Disciplinary Guidelines and Model Disciplinary Orders" (incorporated by reference) and amendment of section filed 8-8-2013; operative 10-1-2013 (Register 2013, No. 32).
3. Amendment of "A Manual of Disciplinary Guidelines and Model Disciplinary Orders" (incorporated by reference) and amendment of section and Note filed 1-3-2018; operative4/1/2018 (Register 2018, No. 1).