California Business and Professions Code

§ 26031.5

BPC § 26031.5 Effective Jul 12, 2021Div. 10 · Ch. 3

Statute text

(a)The department may issue a citation to a licensee or unlicensed person for any act or omission that violates or has violated any provision of this division or any regulation adopted pursuant thereto. The department shall issue the citation in writing, and shall describe with particularity the basis of the citation and the notification described in subdivision (c). The department may include in each citation an order of abatement and fix a reasonable time for abatement of the violation. The department may, as part of each citation, assess an administrative fine not to exceed five thousand dollars ($5,000) per violation by a licensee and thirty thousand dollars ($30,000) per violation by an unlicensed person. Each day of violation shall constitute a separate violation. In assessing a fine, the department shall give due consideration to the appropriateness of the amount of the fine with respect to factors the department determines to be relevant, including the following:

(1)The gravity of the violation by the licensee or person.

(2)The good faith of the licensee or person.

…

Legislative history

Amended by Stats. 2021, Ch. 70, Sec. 25. (AB 141) Effective July 12, 2021.