California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 41 - Professional Fiduciaries Bureau
Article 10 - Citations
Section 4604 - Citation Factors

Universal Citation: 16 CA Code of Regs 4604

Current through Register 2024 Notice Reg. No. 52, December 27, 2024

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

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

(2) The nature and severity of the violation.

(3) Evidence that the violation was willful or not.

(4) History of previous violations.

(5) The extent to which the cited person has cooperated with the Bureau.

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

(7) Extenuating circumstances as justice may require.

(8) A finding by a court in a matter related to the violation.

(b) The sanctions authorized under this section shall be separate from, and in addition to, any other civil or criminal remedy.

(c) Any costs related to a citation issued pursuant to Section 4600, including but not limited to, the payment of the fine levied or costs related to the defense of, or compliance with, an order issued in the citation, shall not be borne by the consumer served by the licensee in the matter.

1. New section filed 5-17-2012; operative 6-16-2012 (Register 2012, No. 20).

Note: Authority cited: Sections 125.9, 148 and 6517, Business and Professions Code. Reference: Sections 125.9, 148, 6580 and 6583, Business and Professions Code.

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