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 "Disciplinary Guidelines and Model Orders" (Revised 2024]) 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, § 154
Note: Authority cited: Sections 481, 493, 5510.1 and 5526, Business and Professions Code; and Section 11400.20, Government Code. Reference: Sections 125.3, 125.6, 140, 141, 143.5, 480, 481, 482, 490, 493, 496, 499, 5536, 5536.1, 5536.22, 5536.4, 5536.5, 5553, 5558, 5560, 5561.5, 5565, 5577, 5578, 5579, 5580, 5582, 5582.1, 5583, 5584, 5585, 5586, 5588 and 5600.05, Business and Professions Code; and Sections 11400.20 and 11425.50, Government Code.
Note: Authority cited: Sections 5510.1 and 5526, Business and Professions Code; and Section 11425.50(e), Government Code. Reference: Sections 125.3, 125.6, 480(a), 496, 5553, 5560, 5561.5, 5565, 5577, 5578, 5579, 5580, 5582, 5582.1, 5583, 5584 and 5585, Business and Professions Code; and Section 11425.50(e), Government Code.
2. Amendment of section and "Disciplinary Guidelines" (incorporated by reference) and amendment of Note filed 2-26-99; operative 2-26-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 9).
3. Amendment of section and Note filed 3-13-2000; operative 3-13-2000 pursuant to Government Code section 11343.4(d)(Register 2000, No. 11).
4. Amendment of section and NOTE filed 9-26-2024; operative 1/1/2025 (Register 2024, No. 39).