§ 1760. Disciplinary Guidelines.

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” (Rev. 10/2007), 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-the presence of mitigating factors; the age of the case; evidentiary problems.

HISTORY

1. New section filed 7-1-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 27). For prior history, see Register 83, No. 13.

2. Amendment of section and Note filed 10-3-2001; operative 11-2-2001 (Register 2001, No. 40).

3. Change without regulatory effect adding article 8 heading filed 9-11-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 37).

4. Repealer and new article heading filed 9-7-2005; operative 10-7-2005 (Register 2005, No. 36).

5. Amendment of first paragraph filed 4-27-2009; operative 5-27-2009 (Register 2009, No. 18).

Note

Note: Authority cited: Section 4005, Business and Professions Code; and Section 11400.20, Government Code. Reference: Sections 4300 and 4301, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code.