Cal. Code Regs. tit. 16 § 1397.51

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 1397.51 - Amount of Fines

The amount of any fine to be levied by a board official shall take into consideration the factors listed in subdivision (b)(3) of section 125.9 of the Code and shall be within the range set forth below.

(a) A board official may issue a citation under section 1397.50 for a violation of the provisions listed in this section. The fine for a violation of the following Code sections shall be from $100 to $2500:

(1) Business and Professions Code section 125

(2) Business and Professions Code section 125.6

(3) Business and Professions Code section 475(a)(1)

(4) Business and Professions Code section 490

(5) Business and Professions Code section 496

(6) Business and Professions Code section 580

(7) Business and Professions Code section 581

(8) Business and Professions Code section 582

(9) Business and Professions Code section 583

(10) Business and Professions Code section 584

(11) Business and Professions Code section 650

(12) Business and Professions Code section 651

(13) Business and Professions Code section 654.2

(14) Business and Professions Code section 702

(15) Business and Professions Code section 810

(16) Business and Professions Code section 2903

(17) Business and Professions Code section 2960(a)

(18) Business and Professions Code section 2960(c)

(19) Business and Professions Code section 2960(d)

(20) Business and Professions Code section 2960(f)

(21) Business and Professions Code section 2960(g)

(22) Business and Professions Code section 2960(h)

(23) Business and Professions Code section 2960(i)

(24) Business and Professions Code section 2960(k)

(25) Business and Professions Code section 2960(l)

(26) Business and Professions Code section 2960(m)

(27) Business and Professions Code section 2960(n)

(28) Business and Professions Code section 2960(p)

(29) Business and Professions Code section 2960(q)

(30) Business and Professions Code section 2960(r)

(31) Business and Professions Code section 2960.6

(32) Business and Professions Code section 17500

(33) Penal Code section 11166.5

(34) Business and Professions Code section 2913(c)

(35) Business and Professions Code section 2914(c)

(36) Business and Professions Code section 2915

(b) At his or her discretion, a board official may issue a citation with an order of abatement without levying a fine for the first violation of any provision set forth above.

(c) Notwithstanding the administrative fine amounts specified in this section, a citation may include a fine between $2,501 and $5,000 if one or more of the following circumstances apply:

(1) The citation involves a violation that has an immediate relationship to the health and safety of another person;

(2) The cited person has a history of two or more prior citations of the same or similar violations;

(3) The citation involves multiple violations that demonstrate a willful disregard of the law;

(4) The citation involves a violation or violations perpetrated against a child, elderly person or person with a disability.

Cal. Code Regs. Tit. 16, § 1397.51

1. New section filed 4-26-96; operative 5-26-96 (Register 96, No. 17).
2. New subsections (a)(34)-(36) filed 7-2-99; operative 8-1-99 (Register 99, No. 27).
3. New subsections (c)-(c)(4) filed 7-11-2005; operative 8-10-2005 (Register 2005, No. 28).
4. Change without regulatory effect amending first paragraph and subsection (a) filed 12-5-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 49).

Note: Authority cited: Sections 125.9, 148 and 2930, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.