Current through Register 2024 Notice Reg. No. 12, March 22, 2024
The amount of any fine to be levied by a board official shall
take into consideration the factors listed in subdivision (b)(3) of section
125.9 of the Code and shall be
within the range set forth below.
(a)
A board official may issue a citation under section
1397.50 for a violation of the
provisions listed in this section. The fine for a violation of the following
Code sections shall be from $100 to $2500:
(1)
Business and Professions Code section
125
(2) Business and Professions Code section
125.6
(3) Business and Professions Code section
475(a)(1)
(4) Business and Professions Code section
490
(5) Business and Professions Code section
496
(6) Business and Professions Code section
580
(7) Business and Professions Code section
581
(8) Business and Professions Code section
582
(9) Business and Professions Code section
583
(10) Business and Professions Code section
584
(11) Business and Professions Code section
650
(12) Business and Professions Code section
651
(13) Business and Professions Code section
654.2
(14) Business and Professions Code section
702
(15) Business and Professions Code section
810
(16) Business and Professions Code section
2903
(17) Business and Professions Code section
2960(a)
(18) Business and Professions Code section
2960(c)
(19) Business and Professions Code section
2960(d)
(20) Business and Professions Code section
2960(f)
(21) Business and Professions Code section
2960(g)
(22) Business and Professions Code section
2960(h)
(23) Business and Professions Code section
2960(i)
(24) Business and Professions Code section
2960(k)
(25) Business and Professions Code section
2960(l)
(26) Business and Professions Code section
2960(m)
(27) Business and Professions Code section
2960(n)
(28) Business and Professions Code section
2960(p)
(29) Business and Professions Code section
2960(q)
(30) Business and Professions Code section
2960(r)
(31) Business and Professions Code section
2960.6
(32) Business and Professions Code section
17500
(33) Penal Code section
11166.5
(34) Business and Professions Code section
2913(c)
(35) Business and Professions Code section
2914(c)
(36) Business and Professions Code section
2915
(b) At his or her discretion, a board
official may issue a citation with an order of abatement without levying a fine
for the first violation of any provision set forth above.
(c) Notwithstanding the administrative fine
amounts specified in this section, a citation may include a fine between $2,501
and $5,000 if one or more of the following circumstances apply:
(1) The citation involves a violation that
has an immediate relationship to the health and safety of another
person;
(2) The cited person has a
history of two or more prior citations of the same or similar
violations;
(3) The citation
involves multiple violations that demonstrate a willful disregard of the
law;
(4) The citation involves a
violation or violations perpetrated against a child, elderly person or person
with a disability.
1. New section
filed 4-26-96; operative 5-26-96 (Register 96, No. 17).
2. New
subsections (a)(34)-(36) filed 7-2-99; operative 8-1-99 (Register 99, No.
27).
3. New subsections (c)-(c)(4) filed 7-11-2005; operative
8-10-2005 (Register 2005, No. 28).
4. Change without regulatory
effect amending first paragraph and subsection (a) filed 12-5-2018 pursuant to
section 100, title 1, California Code of
Regulations (Register 2018, No. 49).
Note: Authority cited: Sections
125.9,
148
and
2930,
Business and Professions Code. Reference: Sections
125.9
and
148,
Business and Professions Code.
