California Code of Regulations
Title 4 - Business Regulations
Division 1 - Department of Alcoholic Beverage Control
Article 22 - Suspension or Revocation of Licenses
Section 144 - Penalty Guidelines
In reaching a decision on a disciplinary action under the Alcoholic Beverage Control Act (Bus. and Prof. Code Sections 23000, et seq.), and the Administrative Procedures Act (Govt. Code Sections 11400, et seq.), the Department shall consider the disciplinary guidelines entitled "Penalty Guidelines" (dated 12/17/2003) which are hereby incorporated by reference. Deviation from these guidelines is appropriate where the Department in its sole discretion determines that the facts of the particular case warrant such a deviation -- such as where facts in aggravation or mitigation exist.
1. New section
filed 4-13-2004 as an emergency; operative 4-13-2004 (Register 2004, No. 16). A
Certificate of Compliance must be transmitted to OAL by 8-11-2004 or emergency
language will be repealed by operation of law on the following day. For prior
history, see Register 68, No. 46.
2. Certificate of Compliance as to
4-13-2004 order transmitted to OAL 8-11-2004; disapproved by OAL and order of repeal
and deletion filed 9-23-2004 (Register 2004, No. 39).
3. New section
filed 9-23-2004 as an emergency; operative 9-23-2004 (Register 2004, No. 39). A
Certificate of Compliance must be transmitted to OAL by 1-21-2005 or emergency
language will be repealed by operation of law on the following day.
4.
Certificate of Compliance as to 9-23-2004 order, including amendment of section,
transmitted to OAL 11-18-2004 and filed 12-16-2004 (Register 2004, No. 51).
Note: Authority cited: Section 25750, Business and Professions Code; and Section 22, Article XX, California Constitution. Reference: Section 23001, Business and Professions Code; and Section 11425.50(e), Government Code.
