Cal. Code Regs. tit. 16 § 2384

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

Section 2384 - Citation Factors

In assessing an administrative fine, or issuing an order of abatement, the following factors shall be given due consideration:

(a) The nature and severity of the violation.

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

(c) History of violations of the same or similar nature.

(d) Evidence that the violation was willful.

(e) The extent to which the cited person or entity has cooperated with the bureau'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) Such other matters as justice may require.

Cal. Code Regs. Tit. 16, § 2384

1. New section filed 5-25-93; operative 6-24-93 (Register 93, No. 22).
2. Amendment of first paragraph, subsection (e) and NOTE filed 10-2-96; operative 11-1-96 (Register 96, No. 40).
3. Change without regulatory effect amending first paragraph and NOTE filed 10-17-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 42).
4. Amendment of first paragraph and subsection (e) filed 11-24-2015; operative 1-1-2016 (Register 2015, No. 48).

Note: Authority cited: Sections 125.9, 148, 9630 and 9631, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.

1. New section filed 5-25-93; operative 6-24-93 (Register 93, No. 22).
2. Amendment of first paragraph, subsection (e) and Note filed 10-2-96; operative 11-1-96 (Register 96, No. 40).
3. Change without regulatory effect amending first paragraph and Note filed 10-17-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 42).
4. Amendment of first paragraph and subsection (e) filed 11-24-2015; operative 1/1/2016 (Register 2015, No. 48).