Section 338.109a. Assessment of fines.

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a. When a fine has been designated as an available sanction for a violation of sections 16221 to 16226 of the code, in the course of assessing a fine, the board shall take into consideration the   following factors without limitation:

(a)    The extent to which the licensee obtained financial benefit from any conduct comprising part of the violation found by the board.

(b)   The willfulness of the conduct found to be part of the violation determined by the board.

(c)   The public harm, actual or potential, caused by the violation found by the board. (d) The cost incurred in investigating and proceeding against the licensee.

History: 1979 AC; 1981 AACS; 1990 AACS.

                    
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