California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 15 - State Board of Optometry
Article 12.5 - Citations and Fines
Section 1578 - Citation Factors
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
In assessing an administrative fine or issuing an order of abatement, the executive officer of the board shall give due consideration to the following factors:
(a) The gravity of the violation. If the violation is of such a nature and/or severity that revocation of the license or restrictions on the license are necessary in order to ensure consumer protection, a citation will not be issued.
(b) The good or bad faith exhibited by the cited person.
(c) The history of previous violations of the same or similar nature.
(d) Evidence that the violation was or was not willful.
(e) The extent to which the cited person has cooperated with the board's investigation.
(f) The extent to which the cited person has mitigated or attempted to mitigate any damage or injury caused by the violation.
(g) Any other factors as justice may require.
1. New section filed 8-17-99; operative 9-16-99 (Register 99, No. 34).
Note: Authority cited: Sections 125.9 and 3025, Business and Professions Code. Reference: Section 125.9, Business and Professions Code.
