§ 4802. Penalty Guidelines.

In applying Sections 12015.3 or 13302 of the Business and Professions Code, the sealer shall use the provisions of this section to determine the types of violations for which penalties may be assessed and the amounts of the penalties. Nothing in this article prohibits a sealer from seeking other relief through the criminal or civil court process in lieu of administrative action.

(a) For the purposes of this article, violation types are designated as “Category A,” “Category B” and “Category C.”

(1) “Category A” violations are violations in which there are actual, or there is the potential for actual false, deceptive, or misleading business practices, or significant monetary loss to consumers; or repeated violations of subparagraph (2), that occured within a two-year period at the same location and which resulted in an action and subsequent penalty. Included in this category are certain violations subject to prior legislated fine levels pursuant to Business and Professions Code Section 12729. The appropriate penalty range for these violations is $400-$1,000; however, such penalty shall not exceed the maximum criminal fine specified in the charging section.

(2) “Category B” violations are violations in which there is a reasonable potential for intermediate level of consumer or competitive harm; or repeated violations of subparagraph (3), that occurred within a two-year period at the same location and which resulted in an action and subsequent penalty. The appropriate penalty range for these violations is $150-$600; however, such penalty shall not exceed the maximum criminal fine specified in the charging section.

(3) “Category C” violations are primarily violations that would typically have a less egregious effect on consumers or equitable competition in the marketplace. Included in this category are other violations included in Business and Professions Code, Division 5 that are not included in Table A. The appropriate penalty range for these violations is $50-$250; however, such penalty shall not exceed the maximum criminal fine specified in the charging section.

(b) Table A shall be used to establish the level of severity of a particular violation and its corresponding penalty range. Except where specific violation parameters are provided, the violation column in Table A is an abbreviated description of the corresponding section in the California Business and Professions Code, Division 5, Weights and Measures.

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HISTORY

1. New section and Table A filed 4-8-96; operative 5-8-96 (Register 96, No. 15).

2. Editorial correction of Table A (Register 96, No. 49).

3. Amendment of section and Note filed 7-20-2011; operative 8-19-2011 (Register 2011, No. 29).

Note

Note: Authority cited: Sections 12015.3(a), 12027 and 13302(a), Business and Professions Code. Reference: Sections 12015.3(a), 12028 and 13302(a), Business and Professions Code.