2907.2. Citation - Applicability of Citation and Amount of Administrative Fine.
(a) When determining whether to apply the citation and fine process in lieu of a formal accusation, and in determining
the amount of the fine assessed, the Commissioner shall take into consideration the following:
(1) The gravity of the violation or violations;
(2) Actual injury or risk of potential harm to consumers as a result of the violation;
(3) Whether the investigation and/or citation addresses multiple violations;
(4) Nature and extent of the person's or entity's history of violations of the Real Estate Law or Subdivided Lands
Law and/or prior disciplinary action by the Bureau;
(5) The extent to which the person or entity has exhibited good faith;
(6) Degree of cooperation with the Bureau's investigation;
(7) Attempts to mitigate any loss, damage, or harm caused by the violation;
(8) Other facts relevant to the violation that present good cause for aggravation or mitigation of a penalty.
(b) Where the person cited holds a real estate license, the total fine assessment in the citation shall not exceed $2,500,
even where a citation lists more than one violation. Each of the violations listed will relate to the same Bureau
investigation.
(c) Where the person cited is an unlicensed person, a citation may issue for each unlicensed act. Before assessing an
administrative fine via citation for a violation of Section 10130, Section 10166.02, or Section 10167.2 of the Business
and Professions Code for an activity or activities requiring a license and/or license endorsement, the Commissioner
shall give due consideration to the gravity of the violation, including, but not limited to, a consideration of the factors
described in subdivision (a), above, and the following factors:
(1) Whether the unlicensed person or entity committed numerous or repeated violations;
(2) Whether the unlicensed person or entity falsely represented that he/she/it was licensed;
(3) Whether the unlicensed person or entity committed any act that would be cause for disciplinary action against a
licensee;
(4) Whether the unlicensed person or entity claimed or received compensation for the acts, and the amount of
compensation claimed or received;
(5) Whether the unlicensed person or entity was previously issued an Order to Desist and Refrain by the Bureau, or
was formerly licensed and/or disciplined as a licensee and reasons why that license is no longer in effect.