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California Code, Business and Professions Code - BPC § 7099.2

Current as of January 01, 2025 | Updated by Findlaw Staff

<Section operative July 1, 2026.  See, also, § 7099.2 operative until July 1, 2026 and repealed on that date.>

(a) The board shall promulgate regulations covering the assessment of civil penalties under this article that give due consideration to the appropriateness of the penalty with respect to the following factors:

(1) The gravity of the violation.

(2) The good faith of the licensee or applicant for licensure being charged.

(3) The history of previous violations.

(b)(1) Notwithstanding Section 125.9, and except as otherwise provided by this chapter, a civil penalty shall be assessed in an amount not less than five hundred dollars ($500) nor greater than eight thousand dollars ($8,000).  Notwithstanding Section 125.9, a civil penalty shall be assessed in an amount not less than one thousand five hundred dollars ($1,500) nor greater than thirty thousand dollars ($30,000) for a violation of Section 7110, 7114, or 7118.

(2) The board may adjust all minimum civil penalties imposed by this section for inflation every five years.  The adjustment shall be equivalent to the percentage, if any, that the Consumer Price Index, as determined pursuant to Section 2212 of the Revenue and Taxation Code, exceeds the Consumer Price Index at the time this subdivision goes into effect.  Any increase determined under this paragraph shall be rounded as follows:

(A) In multiples of one hundred dollars ($100) for penalties greater than one hundred dollars ($100) but less than or equal to one thousand dollars ($1,000).

(B) In multiples of one thousand dollars ($1,000) for penalties greater than one thousand dollars ($1,000).

(c) This section shall become operative on July 1, 2026.

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Cite this article: FindLaw.com - California Code, Business and Professions Code - BPC § 7099.2 - last updated January 01, 2025 | https://codes.findlaw.com/ca/business-and-professions-code/bpc-sect-7099-2/

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