California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 9 - Board of Barbering and Cosmetology
Article 10 - Disciplinary Proceedings
Section 972 - Disciplinary Guidelines

In reaching a decision on a disciplinary action under the Administrative Procedure Act (Government Code Section 11400 et seq.), the board shall consider the disciplinary guidelines entitled "Disciplinary Guidelines" (October 2010 Edition) which are hereby incorporated by reference. Deviation from these guidelines, including the standard terms of probation, is appropriate where the board in its sole discretion determines that the facts of the particular case warrant such a deviation--for example: the presence of mitigating factors; the age of the case; evidentiary problems.

1. New section filed 6-26-97; operative 7-1-97 (Register 97, No. 26). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code) and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act. For prior history, see Register 94, No. 43.
2. Expired by its own terms on 12-31-98 (Register 99, No. 6).
3. Permanent regulation and amendment of "Disciplinary Guidelines" (incorporated by reference) filed 2-3-99; operative 2-3-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 6).
4. Amendment of "Disciplinary Guidelines" (incorporated by reference) and amendment of section and NOTE filed 10-4-2011; operative 11-3-2011 (Register 2011, No. 40).

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7403 and 7404, Business and Professions Code.