California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 20 - Veterinary Medical Board › Article 5.5 - Citations › Section 2043 - Civil Penalties for Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the executive officer determines that a violation has
				  occurred and issues a citation to a licensee or an unlicensed person, that
				  citation shall include its classification and may include an assessment of a
				  civil penalty. The classification of a citation shall be as follows:
(a) Class "A" violations involve a person who
				has violated a statute or regulation substantially related to the practice of
				veterinary medicine but has not caused either death or harm to an animal
				patient and has not presented a substantial probability that death or serious
				harm to an animal patient could result from the violation. A class "A"
				violation is subject to a civil penalty in an amount not less than two hundred
				and fifty dollars ($250) and not exceeding three thousand dollars ($3,000) for
				each citation.
(b) Class "B"
				violations involve a person who has violated a statute or regulation relating
				to the practice of veterinary medicine and either (1) has caused harm to an
				animal patient, or (2) has presented a substantial probability that death or
				serious harm to an animal patient could result from the violation, or (3) has
				committed a violation which meets the criteria for a class "A" violation and
				has two or more prior citations for a class "A" violation within the 5-year
				period immediately preceding the act serving as the basis for the citation.
				However, the increase in the civil penalty required by this subsection shall
				not be due and payable unless and until the actions to enforce the previous
				citations have been terminated in favor of the board. A class "B" violation is
				subject to a civil penalty in an amount not less than one thousand dollars
				($1,000) and not exceeding four thousand dollars ($4,000) for each
				citation.
(c) Class "C" violations
				involve a person who (1) has caused death or serious harm to an animal patient,
				or (2) has committed a violation that has endangered the health or safety of
				another person or animal, or (3) has committed multiple violations that show a
				willful disregard of the law, or (4) has committed a violation that meets the
				criteria for a class "B" violation within the 5-year period immediately
				preceding the act serving as the basis for the citation. However, the increase
				in the civil penalty required in this subsection shall not be due and payable
				unless and until the actions to enforce the previous citations have been
				terminated in favor of the board. A class "C" violation is subject to a civil
				penalty in an amount not less than two thousand dollars ($2,000) and not
				exceeding five thousand dollars ($5,000) for each citation.
(d) In assessing the amount of a civil
				penalty, the executive officer shall consider the following criteria:
(1) The nature and severity of the
				violation.
(2) Evidence that the
				violation was willful.
(3) History
				of violations of the same or similar nature.
(4) The extent to which the cited person has
				cooperated with the board's investigations.
(5) The extent to which the cited person has
				mitigated or attempted to mitigate any damage or injury caused by his or her
				violation.
(6) Such other matters
				as justice may require.