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 2023) 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, § 2680
2. Amendment of "Disciplinary Guidelines" (incorporated by reference) and amendment of section and NOTE filed 3-14-2001; operative 4-13-2001 (Register 2001, No. 11).
3. Amendment of section and NOTE filed 5-5-2023; operative 7-1-2023 (Register 2023, No. 18).
Note: Authority cited: Sections 481, 493, 5622 and 5630, Business and Professions Code; and Section 11400.20, Government Code. Reference: Sections 125.3, 125.6, 140, 141, 143.5, 480, 490, 493, 496, 499, 5616, 5640, 5642, 5659, 5660, 5662, 5666, 5667, 5668, 5669, 5670, 5671, 5672, 5673, 5675, 5675.5, 5676 and 5678, Business and Professions Code; and Sections 11400.20 and 11425.50, Government Code.
2. Amendment of "Disciplinary Guidelines" (incorporated by reference) and amendment of section and Note filed 3-14-2001; operative 4-13-2001 (Register 2001, No. 11).
3. Amendment of section and Note filed 5-5-2023; operative 7/1/2023 (Register 2023, No. 18).