Cal. Code Regs. tit. 16 § 4248

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

Section 4248 - Citation Factors

The following factors shall be considered when determining the amount of an administrative fine:

(a) The good or bad faith exhibited by the cited person.

(b) The nature and severity of the violation.

(c) Evidence that the violation was willful.

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

(e) The extent to which the cited person has cooperated with the Committee.

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

(g) Such other matters as justice may require.

(h) For the issuance of a citation that includes an administrative fine in excess of $2,500, including a citation issued pursuant to section 4254, the Committee shall determine that at least one of the following circumstances apply:

(1) The citation involves a violation that presents an immediate threat to the health and safety of another person.

(2) The citation involves multiple violations of the Act or these regulations that demonstrate a willful disregard of the law.

(3) The citation involves a violation or violations perpetrated against a senior citizen or disabled person.

Cal. Code Regs. Tit. 16, § 4248

1. New section filed 11-8-2004 as an emergency; operative 11-8-2004 (Register 2004, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-8-2005 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-8-2005 as an emergency; operative 3-8-2005 (Register 2005, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-8-2005 order transmitted to OAL 7-5-2005 and filed 8-16-2005 (Register 2005, No. 33).
4. Change without regulatory effect amending subsections (e) and (h) filed 9-30-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 40).

Note: Authority cited: Sections 125.9 and 3622, Business and Professions Code. Reference: Sections 125.9, 148 and 3620, Business and Professions Code.