Cal. Code Regs. Tit. 14, § 18975 - Criteria to Impose an Administrative Civil Penalty

(a) The department shall impose an administrative civil penalty if it determines that any covered entity, program operator, stewardship organization, or authorized collector that sells, offers for sale, or provides a covered product in California has violated this Article or Chapter 2 of Part 3 of Division 30 of the Public Resources Code.

(b) In addition to the ability to impose administrative civil penalties under subdivision (a) above, the department shall, consistent with section 42035.6(d) of the Public Resources Code, take a disciplinary action against a covered entity, stewardship organization, program operator, pharmacy, retail pharmacy, or retail pharmacy chain if the department determines that any of those entities has failed to provide the department with the access to information required pursuant to section 42035.6(a) through (c) of the Public Resources Code or section 18974 of this Article. The disciplinary actions shall include one or both of the following:

(1) Imposition of an administrative civil penalty by the department

(2) Posting of a notice in accordance with section 42035.6(d)(2) of the Public Resources Code.

(c) In assessing or reviewing the amount of an administrative penalty imposed for a violation of this Article or Chapter 2 of Part 3 of Division 30 of the Public Resources Code, the department shall consider the totality of the circumstances, which may include, but is not limited to, the following:

(1) The nature, circumstances, extent, and gravity of the violation(s)

(2) The number and severity of the violation(s)

(3) Evidence that the violation was intentional, knowing, or reckless

(4) The size of the violator's business and/or the financial position of the violator

(5) History of violation(s) of the same or similar nature

(6) The willfulness of the violator's misconduct

(7) Whether the violator took good faith measures to comply with this Article and Chapter 2 of Part 3 of Division 30 of the Public Resources Code and the period of time over which these measures were taken

(8) Evidence of any financial gain resulting from the violation(s)

(9) The economic effect of the penalty on the violator

(10) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community

(11) Any other factor(s) that justice may require.

Notes

Cal. Code Regs. Tit. 14, § 18975

1. New section filed 1-7-2021; operative 1-7-2021 (Register 2021, No. 2). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 40401, 42031.2 and 40502, Public Resources Code. Reference: Sections 42030, 42035, 42035.2, 42035.4, 42035.6 and 42035.8, Public Resources Code.

1. New section filed 1-7-2021; operative 1/7/2021 (Register 2021, No. 2). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.