Cal. Code Regs. tit. 16 § 1659.31

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 1659.31 - Citable Offenses

The amount of any fine to be levied by the executive director shall take into consideration the factors listed in subdivision (b)(3) of Section 125.9 of the code and also the extent to which such person has mitigated or attempted to mitigate any damage or injury caused by the violation. The fine shall be within the range set forth below.

(a) The executive director may issue a citation under section 1659.30 for a violation of the provisions listed in this section. The fine for a violation of the following code sections shall not exceed $2500, except as specified in items 34 and 41 below:

(1) Business and Professions Code Section 119

(2) Business and Professions Code Section 125

(3) Business and Professions Code Section 125.6

(4) Business and Professions Code Section 475(a)(1)

(5) Business and Professions Code Section 490

(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 650

(11) Business and Professions Code Section 651

(12) Business and Professions Code Section 654

(13) Business and Professions Code Section 654.1

(14) Business and Professions Code Section 654.2

(15) Business and Professions Code Section 655.5

(16) Business and Professions Code Section 655.6

(17) Business and Professions Code Section 702

(18) Business and Professions Code Section 730

(19) Business and Professions Code Section 732

(20) Business and Professions Code Section 802(b)

(21) Business and Professions Code Section 802.1

(22) Business and Professions Code Section 810

(23) Business and Professions Code Section 2021

(24) Business and Professions Code Section 2052

(25) Business and Professions Code Section 2054

(26) Business and Professions Code Section 2216

(27) Business and Professions Code Section 2216.1

(28) Business and Professions Code Section 2216.2

(29) Business and Professions Code Section 2221.1

(30) Business and Professions Code Section 2236

(31) Business and Professions Code Section 2238

(32) Business and Professions Code Section 2240

(33) Business and Professions Code Section 2243

(34) Business and Professions Code Section 2244 ($1,000)

(35) Business and Professions Code Section 2250

(36) Business and Professions Code Section 2255

(37) Business and Professions Code Section 2256

(38) Business and Professions Code Section 2257

(39) Business and Professions Code Section 2259

(40) Business and Professions Code Section 2261

(41) Business and Professions Code Section 2262 ($500)

(42) Business and Professions Code Section 2263

(43) Business and Professions Code Section 2264

(44) Business and Professions Code Section 2266

(45) Business and Professions Code Section 2271

(46) Business and Professions Code Section 2272

(47) Business and Professions Code Section 2276

(48) Business and Professions Code Section 2285

(49) Business and Professions Code Section 2415

(50) Business and Professions Code Section 2454.5

(51) Business and Professions Code Section 2456.1

(52) Business and Professions Code Section 17500

(53) Health and Safety Code Section 123110

(54) Title 16 Cal. Code Regs. 1604

(55) Title 16 Cal. Code Regs. 1633

(56) Title 16 Cal. Code Regs. 1685

(b) Notwithstanding the administrative fine amounts specified in subsection (a), a citation may include a fine between $2501 and $5000, 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 senior citizen or a disabled person.

Cal. Code Regs. Tit. 16, § 1659.31

1. New section filed 9-6-2005; operative 10-6-2005 (Register 2005, No. 36).

Note: Authority cited: Osteopathic Act (Initiative Measure, Stats. 1923, p.cxiii), Section 1; and Section 3600- 1, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.

1. New section filed 9-6-2005; operative 10-6-2005 (Register 2005, No. 36).