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§ 1578. Citation Factors.

16 CA ADC § 1578Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 15. State Board of Optometry (Refs & Annos)
Article 12.5. Citations and Fines
16 CCR § 1578
§ 1578. Citation Factors.
In assessing an administrative fine or issuing an order of abatement, the executive officer of the board shall give due consideration to the following factors:
(a) The gravity of the violation. If the violation is of such a nature and/or severity that revocation of the license or restrictions on the license are necessary in order to ensure consumer protection, a citation will not be issued.
(b) The good or bad faith exhibited by the cited person.
(c) The history of previous violations of the same or similar nature.
(d) Evidence that the violation was or was not willful.
(e) The extent to which the cited person has cooperated with the board's investigation.
(f) The extent to which the cited person has mitigated or attempted to mitigate any damage or injury caused by the violation.
(g) Any other factors as justice may require.

Credits

Note: Authority cited: Sections 125.9 and 3025, Business and Professions Code. Reference: Section 125.9, Business and Professions Code.
History
1. New section filed 8-17-99; operative 9-16-99 (Register 99, No. 34).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 16, § 1578, 16 CA ADC § 1578
End of Document