1 Colo. Code Regs. § 205-2, Regulation 44-20-404(1)

Current through Register Vol. 47, No. 22, November 25, 2024

Regulation Regulation 44-20-404(1)

The board shall use the following criteria to determine the appropriate sanctions for a licensee in a disciplinary case:

(a) Whenever a provision of part 4 of article 20 of title 44 mandates a specific sanction for either (1) a specific type of violation or (2) a specific circumstance related to a specific violation, the board shall apply the mandatory sanction when the findings of fact and conclusions of law establish the legal basis.

(b) Whenever the legal basis for a mandatory sanction does not exist, the board shall exercise its discretion to determine the appropriate sanctions based not only upon the findings of fact and conclusions of law in the case but also upon a standardized approach that takes the following factors into account:

(1) the nature of the violation;

(2) the severity of the violation;

(3) the characteristics of the harm that the violation produced;

(4) the monetary harm that the violation produced;

(5) the licensee's history of violations;

(6) the licensee's compliance with prior board orders;

(7) any additional aggravating information; and,

(8) any additional mitigating information, including, but not limited to the licensee's voluntary, monetary remuneration to a victim.

(c) Whenever the board considers a fine to be an appropriate sanction, it shall follow these restrictions:

(1) the fine must be punitive, not compensatory; and,

(2) the fine must not exceed any relevant limitations on the amount of a fine as set out in part 4 of article 20 of title 44.

1 CCR 205-2, Regulation 44-20-404(1)

43 CR 24, December 25, 2020, effective 11/17/2020

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 03, February 10, 2022, effective 3/17/2022

45 CR 14, July 25, 2022, effective 8/15/2022