Section 2630.1 - Assessment of Administrative Fines(a) In no event shall the administrative fine be less than $250 or exceed $5,000 for each violation.(b) In assessing the amount of an administrative fine, the executive officer shall consider the following criteria:(1) The nature and severity of the violation;(2) The good or bad faith exhibited by the cited person;(3) Evidence that the violation was willful;(4) History of violations of the same or similar nature;(5) The extent to which the cited person has cooperated with the Board and the Board's investigation;(6) The extent to which the cited person has mitigated or attempted to mitigate any damage or injury caused by his or her violation; and(7) Such other matters as justice may require.(c) Where citations include an assessment of an administrative fine, they shall be classified according to the nature of the violation and shall indicate the classification on the face thereof as follows: (1) Class "A" violations are violations which the executive officer has determined involve a person who has violated Business and Professions Code section 5640 by, including but not limited to, acting in the capacity of a landscape architect or engaging in the practice of landscape architecture. A class "A" violation is subject to an administrative fine in an amount not less than seven hundred and fifty dollars ($750) and not exceeding two thousand five hundred dollars ($2,500) for each and every violation.(2) Class "B" violations are violations which the executive officer has determined involve either a person who, while engaged in the practice of landscape architecture, has violated a statute or regulation relating to the practice of landscape architecture and which has caused physical damage to a structure or building or to real property or monetary damage to a client or member of the public, or a person who has committed a class "C" violation and has one or more prior, separate class "C" violations. A class "B" violation is subject to an administrative fine in an amount not less than one thousand dollars ($1,000) and not exceeding two thousand five hundred dollars ($2,500) for each and every violation.(3) Class "C" violations are violations which the executive officer has determined involve a person who, while engaged in the practice of landscape architecture, has violated a statute or regulation relating to the practice of landscape architecture and which has not caused either the death or bodily injury to another person or physical damage to a structure or building or to real property or monetary damage to a client or a member of the public. A class "C" violation is subject to an administrative fine in an amount not less than two hundred and fifty dollars ($250) and not exceeding one thousand dollars ($1,000) for each and every violation.(d) Notwithstanding the administrative fine amounts specified in subsection (c), a citation may include a fine of up to between $2,501 to $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 senior citizen or disabled person.Cal. Code Regs. Tit. 16, § 2630.1
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
2. Amendment of section and NOTE filed 6-5-2006; operative 7-5-2006 (Register 2006, No. 23). Note: Authority cited: Sections 125.9, 148, 5526 and 5630, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
2. Amendment of section and Note filed 6-5-2006; operative 7-5-2006 (Register 2006, No. 23).