§ 3062.1. Assessment of Administrative Fines.

(a) Before assessing an administrative fine pursuant to Section 3062, the executive officer shall give due consideration to the gravity of the violation, the good faith of the person cited, and the history of previous violations.

(b) In no event shall the administrative fine be assessed in an amount greater than two thousand five hundred dollars ($2,500) for each inspection or each investigation made with respect to any violation of the following provisions:

Business and Professions Code section and Description

7830 Title Professional Geologist, or Certified Engineering Geologist, or Hydrogeologist

7830.1 Title of Professional Geophysicist

7832 Offers to Practice or Practices Geology or Geophysics for Others

7834 Unregistered Practice by Partnership or Corporation

7835 Sign or Seal Reports (Geology)

7835.1 Sign or Seal Reports (Geophysics)

7872(a) Unregistered Practice

7872(b) Presents or Attempts to File as His/Her Own the Certificate of Another

7872(d) Impersonates or Uses the Seal of Any Other Practitioner

7872(e) Uses Expired or Revoked Certificate of Registration

7872(g) Unregistered Manager, Proprietor, or Agent of Business from Which Geological or Geophysical Work is Solicited, Performed, or Practiced for Others

7872(h) Violation of Any Provision of the Geologist and Geophysicist Act

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

1. The citation involves a violation that has an immediate relationship to the health and safety of another person;

2. The cited person has a history of two or more prior citations of the same or similar violations;

3. The citation involves multiple violations that demonstrate a willful disregard of the law;

4. The citation involves a violation or violations perpetrated against a child, elderly person or person with a disability.

HISTORY

1. New section filed 11-22-95; operative 12-22-95 (Register 95, No. 47).

2. Change without regulatory effect amending subsection (a) filed 6-30-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 27).

3. Change without regulatory effect amending subsection (b) filed 1-21-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 3).

4. Change without regulatory effect amending subsection (b) filed 2-24-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 8).

5. New subsection (c) filed 7-5-2006; operative 8-4-2006 (Register 2006, No. 27).

Note

Note: Authority cited: Sections 125.9 and 7818, Business and Professions Code. Reference: Section 125.9, Business and Professions Code.