In reaching a decision on a disciplinary action under the Administrative Procedure Act (Government Code Section 11400 et. seq.), the bureau shall consider the disciplinary guidelines entitled "A Manual of Disciplinary Guidelines for Funeral Establishments, Funeral Directors, Embalmers, and Apprentice Embalmers (September 1997)" which are hereby incorporated by reference. Deviation from these guidelines and orders, including the standard terms of probation, is appropriate where the bureau 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.
Cal. Code Regs. Tit. 16, § 1253.6
2. Change without regulatory effect amending section filed 9-22-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 38).
Note: Authority cited: Section 7606, Business and Professions Code; and Section 11400.20, Government Code. Reference: Sections 11400.20 and 11425.50(e), Government Code.
2. Change without regulatory effect amending section filed 9-22-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 38).