§ 3063.1. Assessment of Administrative Fines.

(a) Before assessing an administrative fine under section 3063, the executive officer shall give due consideration to the gravity of the violation, the good faith of the cited person, 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

7831 Use of Expired, Suspended, or Revoked Registration

7839 Practice or Attempts to Practice Civil Engineering

7839.1 Geologist or Geophysicist Practicing Outside Area of Registered Practice

7860(b) Committed Deceit, Misrepresentation, Violation of Contract, Fraud, Negligence, Incompetence in Practice

7860(d) Aiding and Abetting in the Violation of Any Provision of the Geologist and Geophysicist Act

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(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. 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.