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 "Manual of Disciplinary Guidelines with Model Disciplinary Orders" [revised September 2005] which are hereby incorporated by reference. Deviation from these 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, § 1399.710
2. Amendment filed 1-27-2000; operative 2-26-2000 (Register 2000, No. 4).
3. Amendment filed 7-10-2001; operative 8-9-2001 (Register 2001, No. 28).
4. Amendment of Manual of Disciplinary Guidelines with Disciplinary Orders (incorporated by reference) filed 1-5-2005; operative 2-4-2006 (Register 2006, No. 1).
Note: Authority cited: Section 2470, Business and Professions Code; and Section 11400.20, Government Code. Reference: Sections 11400.20 and 11425.50(e), Government Code.
2. Amendment filed 1-27-2000; operative 2-26-2000 (Register 2000, No. 4).
3. Amendment filed 7-10-2001; operative 8-9-2001 (Register 2001, No. 28).
4. Amendment of Manual of Disciplinary Guidelines with Disciplinary Orders (incorporated by reference) filed 1-5-2005; operative 2-4-2006 (Register 2006, No. 1).