Cal. Code Regs. tit. 16 § 1399.374

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

Section 1399.374 - Disciplinary Guidelines

In reaching a decision on the disciplinary action under the Administrative Procedure Act (Government Code section 11400 et seq.), determining terms and conditions of probation, or consequences for non compliance of ordered probation, the Board shall consider the disciplinary guidelines entitled "Disciplinary Guidelines" [2020 Edition] which are hereby incorporated by reference. Deviation from these standards, guidelines and orders, 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.

Cal. Code Regs. Tit. 16, § 1399.374

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.
2. Permanent regulation pursuant to Government Code sections 11400.20 and 11400.21 with amendment to incorporated material filed 11-19-97; operative 11-19-97 (Register 97, No. 47).
3. Amendment filed 4-21-2003; operative 5-21-2003 (Register 2003, No. 17).
4. Amendment of section and NOTE filed 5-25-2012; operative 6-24-2012 (Register 2012, No. 21).
5. Amendment of the Respiratory Care Board's "Disciplinary Guidelines" (incorporated by reference) and amendment of section filed 4-11-2022; operative 7-1-2022 (Register 2022, No. 15). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Section 3722, Business and Professions Code; and Sections 11400.20 and 11400.21, Government Code. Reference: Sections 315, 3718 and 3750, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code.

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.
2. Permanent regulation pursuant to Government Code sections 11400.20 and 11400.21 with amendment to incorporated material filed 11-19-97; operative 11-19-97 (Register 97, No. 47).
3. Amendment filed 4-21-2003; operative 5-21-2003 (Register 2003, No. 17).
4. Amendment of section and Note filed 5-25-2012; operative 6-24-2012 (Register 2012, No. 21).
5. Amendment of the Respiratory Care Board's "Disciplinary Guidelines" (incorporated by reference) and amendment of section filed 4-11-2022; operative 7/1/2022 (Register 2022, No. 15). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.