Cal. Code Regs. Tit. 16, § 152 - Citations
(a) The Board's
executive officer is authorized to issue citations containing orders of
abatement and/or administrative fines pursuant to sections
125.9 or
148 of the code against an
architect or an unlicensed person who has committed any acts or omissions which
are in violation of the Architects Practice Act or any regulation adopted
pursuant thereto.
(b) A citation
shall be issued whenever any order of abatement is issued or any fine is
levied. Each citation shall be in writing and shall describe with particularity
the nature and facts of the violation, including a reference to the statutes or
regulations alleged to have been violated. The citation shall be served upon
the individual personally or by certified mail.
(c) Where citations include an assessment of
an administrative fine, they shall be classified according to the nature of the
violation and shall indicate the classification on the face thereof as follows:
(1) Class "A" violations are violations which
the executive officer has determined involve an unlicensed person who has
violated sections
5536,
5536.1,
5536.4, or
5536.5 of the code, or title 16,
section 134 of these regulations,
including but not limited to, acting in the capacity of or engaged in the
practice of architecture. A class "A" violation is subject to an administrative
fine in an amount not less than seven hundred and fifty dollars ($750) and not
exceeding two thousand five hundred dollars ($2,500) for each and every
violation except a higher fine may be assessed when expressly authorized by
statute.
(2) Class "B" violations
are violations which the executive officer has determined involve either a
person who, while engaged in the practice of architecture, has violated a
statute or regulation relating to the practice of architecture and which has
caused physical damage to a structure or building or to real property or
monetary damage to a client or member of the public or a person who has
committed a class "C" violation and has one or more prior, separate class "C"
violations. A class "B" violation is subject to an administrative fine in an
amount not less than one thousand dollars ($1,000) and not exceeding two
thousand five hundred dollars ($2,500) for each and every violation.
(3) Class "C" violations are violations which
the executive officer has determined involve a person who, while engaged in the
practice of architecture, has violated a statute or regulation relating to the
practice of architecture and which has not caused either the death or bodily
injury to another person or physical damage to a structure or building or to
real property or monetary damage to a client or a member of the public. A class
"C" violation is subject to an administrative fine in an amount not less than
two hundred and fifty dollars ($250) and not exceeding one thousand dollars
($1,000) for each and every violation.
(d) In assessing the amount of an
administrative fine, the executive officer shall consider the following
criteria:
(1) The good or bad faith exhibited
by the cited person.
(2) The nature
and severity of the violation.
(3)
Evidence that the violation was willful.
(4) History of violations of the same or
similar nature.
(5) The extent to
which the cited person has cooperated with the board's investigation.
(6) The extent to which the cited person has
mitigated or attempted to mitigate any damage or injury caused by his or her
violation.
(7) Such other matters
as justice may require.
(e) Notwithstanding the administrative fine
amounts specified in subsection (c), 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 senior citizen or disabled
person.
(f) The sanction
authorized under this section shall be separate from, and in addition to, any
other civil or criminal remedies.
Notes
2. Amendment of section heading, section and NOTE filed 7-13-98; operative 8-12-98 (Register 98, No. 29).
3. Amendment of section and NOTE filed 5-22-2006; operative 6-21-2006 (Register 2006, No. 21).
4. Editorial correction of subsection (c)(3) (Register 2014, No. 3).
5. Amendment of subsection (c)(1) and NOTE filed 8-29-2022; operative 10-1-2022 (Register 2022, No. 35).
Note: Authority cited: Sections 125.9, 148 and 5526, Business and Professions Code. Reference: Sections 125.9, 148, 149, 5510.1 and 5560, Business and Professions Code.
2. Amendment of section heading, section and Note filed 7-13-98; operative 8-12-98 (Register 98, No. 29).
3. Amendment of section and Note filed 5-22-2006; operative 6-21-2006 (Register 2006, No. 21).
4. Editorial correction of subsection (c)(3) (Register 2014, No. 3).
5. Amendment of subsection (c)(1) and NOTE filed 8-29-2022; operative
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