(a) The executive officer of the board is authorized to determine when and against whom a citation will be issued and to issue citations containing orders of abatement and fines for violations by a licensed doctor of podiatric medicine of the provisions of law referred to in this section. In all cases concerning medical quality of care, or requiring medical judgement, the executive officer shall base his decision on the findings of a board-approved medical consultant or expert.

(b) A citation shall be issued whenever any fine is levied or any order of abatement is issued. Each citation shall be in writing and shall describe with particularity the nature and facts of the violation, including a reference to the statute or regulations alleged to have been violated. The citation shall be served upon the individual personally or by certified mail.

(c) The amount of any fine to be levied by the executive officer shall take into consideration the factors listed in subdivision (b)(3) of Section 125.9 of the code and shall be within the range set forth below.

The fine for a violation of the following provisions shall be from $100.00 to $2500.00:

In her or his discretion, the executive officer may issue an order of abatement without levying a fine for the first violation of any provision set forth in this subsection.

(d) Notwithstanding the administrative fine amounts specified in subsection (c) of section 1399.696, a citation may include a fine between $2,501 and $5,000 if one or more of the following circumstances apply:

(e) In her or his discretion, the executive officer may issue a citation under Section 1399.696 to a licensee for a violation of a term or condition contained in the decision placing that licensee on probation.

(f) If a cited person who has been issued an order of abatement is unable to complete the correction within the time set forth in the citation because of conditions beyond his or her control after the exercise of reasonable diligence, the person cited may request an extension of time from the executive officer in which to complete the correction. Such a request shall be in writing and shall be made within the time set forth for abatement.

(g) When an order of abatement is not contested or if the order is appealed and the person cited does not prevail, failure to abate the violation charged within the time allowed shall constitute a violation and failure to comply with the order of abatement. An order of abatement shall either be personally served or mailed by certified mail, return receipt requested. The time allowed for the abatement of a violation shall begin the first day after the order of abatement has been served or received. Such failure may result in disciplinary action being taken by the board or other appropriate judicial relief being taken against the person cited.

(h) The executive officer of the board is authorized to determine when and against whom a citation will be issued and to issue citations containing orders of abatement and fines against persons, partnerships, corporations or associations who are performing or who have performed services for which licensure is required as a doctor of podiatric medicine under the Medical Practice Act but who do not possess a license. Each citation issued shall contain an order of abatement. Where appropriate the executive officer shall levy a fine for such unlicensed activity in accordance with subdivision (b)(3) of Section 125.9 of the code. The provisions of subsections (b), (f) and (g) of this section shall apply to the issuance of citations for unlicensed activity under this subsection. The sanction authorized under this section shall be separate from and in addition to any other civil or criminal remedies.